What is the test for intrusion upon seclusion?
Ontario, Canada
The following excerpt is from Chandra v CBC, 2015 ONSC 5303 (CanLII):
The key features of intrusion upon seclusion are set out at para. 71 of Jones v. Tsige: (a) The defendant’s conduct must be intentional or reckless; (b) The defendant must have invaded, without lawful justification, the plaintiff’s private affairs or concerns; and (c) A reasonable person would regard the invasion as highly offensive causing distress, humiliation or anguish.
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