What is the test for the tort of intrusion upon seclusion (breach of privacy)?
Ontario, Canada
The following excerpt is from Wakeling v. Desjardins General Insurance, 2021 ONCA 672 (CanLII):
She also set out the test for the tort of intrusion upon seclusion (breach of privacy): (1) intentional conduct by the defendant; (2) an invasion, without lawful justification, of the plaintiff’s private affairs or concerns; and (3) an invasion that would be regarded by a reasonable person as highly offensive causing distress, humiliation, or anguish: Jones v. Tsige, 2012 ONCA 32, 108 O.R. (3d) 241, at paras. 71-72.
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