The Ontario Court of Appeal has released its much-anticipated decision in Jones v. Tsige, 2012 ONCA 32 [Jones] which recognizes the tort of “intrusion upon seclusion,” acknowledging a right to sue when an individual’s privacy is intentionally invaded by another individual.
In Jones, Ms. Jones and Ms. Tsige were both employees of the Bank of Montreal. After discovering that Tsige had repeatedly accessed her personal financial information, Jones notified her employer, whose investigation revealed that Tsige had improperly accessed Jones’s banking information on 174 occasions over a four-year period. Tsige was in a relationship with Jones’s former husband and claimed to be following up on whether he paid child support. Although the bank disciplined Tsige for her misconduct, Jones also sued Tsige for invasion of privacy. The Ontario Superior Court dismissed the claim on the basis that no such tort existed at common law in Ontario, and reasoned that Ms. Jones should have made a complaint under the Personal Information and Protection of Electronic Documents Act (“PIPEDA”) instead of pursuing a court action.
Please see full alert below for more information.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.
Civil Remedies Updates, Personal Injury Updates, Privacy Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Field Law | Attorney Advertising