In a significant decision by the Ontario Court of Appeal, (Jones v. Tsige, 2012 ONCA 32), the Court of Appeal recognized for the first time in the province of Ontario, a distinct right of action for invasion of personal privacy or “intrusion on seclusion”.
The facts of this particular case are important to consider in understanding the rationale that pushed the Court to recognize a cause of action for invasion of privacy, as the Court noted in its decision that “we are presented in this case with facts that cry out for a remedy”.
Both Jones and Tsige worked at different branches of the Bank of Montreal whereJonesmaintained her primary bank account. The parties did not know each other but were indirectly involved in a triangle relationship as Tsige was involved in a common law relationship with Jones’ former husband. Tsige, who was in a financial dispute with Jones’ former husband, used her workplace computer to accessJones’ personal bank account 174 times, to determine if Jones’ former husband was paying Jones child support. By doing so, she was able to view transaction details, and Jones’ personal information including her birth date, marital status and address. In should be noted that Tsige did not publish, distribute or record the information in any way.
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