Claims for Breach of Privacy: Intrusion Upon Seclusion

Are you concerned about your privacy in Ontario? You might be interested in the tort of intrusion upon seclusion. This legal claim protects individuals from unwarranted intrusions into their private affairs.

The tort of intrusion upon seclusion was established in the landmark case Jones v Tsige. The Ontario Court of Appeal outlined the elements required to prove this tort and succeed in such a claim. To succeed in a claim for intrusion upon seclusion, a plaintiff must demonstrate that the defendant intentionally intruded upon the plaintiff’s private affairs or concerns, that the intrusion was highly offensive, and that the intrusion caused distress. This means the intrusion must be more than just annoying; it must be a significant and unreasonable invasion of privacy. The court also clarified that the intrusion does not require the dissemination of the private information to others; the mere act of intrusion is sufficient.

Damages in intrusion upon seclusion cases are awarded to compensate the plaintiff for the harm suffered. The court considers factors such as the nature of the intrusion, the sensitivity of the information, and the impact on the plaintiff’s mental well-being. This tort is a crucial tool for safeguarding personal privacy particularly in the digital age.

If you’re concerned that your privacy has been breached, or if you’re concerned about a potential claim against you, then schedule a consultation with Adam T. Higgins at the Cahill Firm today.