As per Jones v. Tsige, 2012 ONCA 32, 346 D.L.R. (4th) 34, at para. 71, the elements of the tort of intrusion upon seclusion are: (1) intentional conduct by the defendant (which would include recklessness); (2) that invades, without lawful justification, the plaintiff's private affairs or concerns; (3) that a reasonable person would regard as highly offensive causing distress, humiliation, or anguish.
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