A recent case before the Ontario Court of Appeal dealing with the privacy of a Bank customer's personal information, may have some interesting applications for condominium corporations and property managers across Canada.

This decision has now established a new common law tort of invasion of privacy where the cause of action is called "intrusion upon seclusion." Jones v. Tsige, 2012 ONCA 32 involves a customer of the Bank of Montreal, Sandra Jones, who sued the bank's employee, Winnie Tsige, who had improperly accessed Ms. Jones’ banking records in order to determine the amount of child support payments that Ms. Jones was receiving. The reason for Ms. Tsige's investigation into Ms. Jones’ records, was that Ms. Tsige was having a dispute with her common law spouse, who happened to be Ms. Jones’ ex-husband.

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