In order to establish liability for the tort of intrusion by seclusion, it must be shown that the defendant’s conduct was intentional, invading without lawful jurisdiction the plaintiff’s private affairs or concerns, and that a reasonable person would regard the intrusion as highly offensive, causing distress, humiliation or anguish (Jones v. Tsige, 2012 ONCA 32, at para. 71). The plaintiff submits that this case ought to be distinguished because it is not a case dealing with a human rights accommodation request. I disagree. Jones v. Tsige sets out the proper test to be met for the tort. If the facts, as alleged by the plaintiff do not satisfy the test, the claim stands no chance of success and ought to be struck.
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