January 20 2012 - The right to seclusion in Jones v. Tsige: a moral victory for privacy
Earlier this year the tort of invasion of privacy appeared to take a blow when the Ontario superior court flatly concluded that "there is no tort of invasion of privacy " in Jones v. Tsige. However, earlier this week the Ontario Court of Appeal came to a different conclusion, holding that at least one element of the tort of invasion of privacy - intrusion into seclusion or solitude - does in fact exist. Though there have been a number of Ontario court decisions suggesting that the right to privacy may give rise to a cause of action at common law, this is the most explicit pronouncement so far.