What are the elements of the tort of intrusion upon seclusion?

Ontario, Canada


The following excerpt is from Her Majesty the Queen in Right of Ontario v. Madan et al., 2022 ONSC 1538 (CanLII):

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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