What is the test for a cause of action of intrusion upon seclusion?

Ontario, Canada


The following excerpt is from Evans v. The Bank of Nova Scotia, 2014 ONSC 2135 (CanLII):

In Jones v. Tsige, supra, at para. 71, Sharpe J.A. described the key features of the cause of action of intrusion upon seclusion as follows: The key features of this cause of action are, first, that the defendant’s conduct must be intentional, within which I would include reckless; second that the defendant must have invaded, without lawful justification, the plaintiff’s private affairs or concerns; and third, that a reasonable person would regard the invasion as highly offensive causing distress, humiliation or anguish. However, proof of harm to a recognized economic interest is not an element of the cause of action. I return below to the question of damages, but state here that I believe it important to emphasize that given the intangible nature of the interest protected, damages for intrusion upon seclusion will ordinarily be measured by a modest conventional sum.

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