The Ontario Superior Court of Justice recently confirmed, in emphatic an unambiguous terms, that Ontario law does not recognize a common law tort of "invasion of privacy". In Jones v. Tsige, 2011 ONSC 1475, Whitaker J. framed the question began his judgment as follows:
The central issue in this case is whether there is a tort for invasion of privacy.
He concluded as follows:
I conclude that there is no tort of invasion of privacy in Ontario.
That conclusion was made with reference to the Ontario Court of Appeal's decision in Euteneier v. Lee, 2005 CanLII 33024 (ON C.A.) wherein one of the justices noted that the appellant had "properly conceded in oral argument before this court that there is no “free standing” right to dignity or privacy under the Charter or at common law".
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