What is the test for the tort of intrusion by seclusion?

Ontario, Canada


The following excerpt is from Khan v. Law Society of Ontario, 2021 ONSC 6019 (CanLII):

In order to establish liability for the tort of intrusion by seclusion, it must be shown that the defendant’s conduct was intentional, invading without lawful jurisdiction the plaintiff’s private affairs or concerns, and that a reasonable person would regard the intrusion as highly offensive, causing distress, humiliation or anguish (Jones v. Tsige, 2012 ONCA 32, at para. 71). The plaintiff submits that this case ought to be distinguished because it is not a case dealing with a human rights accommodation request. I disagree. Jones v. Tsige sets out the proper test to be met for the tort. If the facts, as alleged by the plaintiff do not satisfy the test, the claim stands no chance of success and ought to be struck.

Other Questions


What are the elements of a cause of action for intrusion upon seclusion? (Ontario, Canada)
What is the test for intrusion upon seclusion? (Ontario, Canada)
What is the test for a cause of action of intrusion upon seclusion? (Ontario, Canada)
What are the elements of the tort of intrusion upon seclusion? (Ontario, Canada)
What is the test for the tort of intrusion upon seclusion (breach of privacy)? (Ontario, Canada)
How have courts dealt with allegations of controlling and intrusive behaviour by the husband in the context of an equalization claim? (Ontario, Canada)
How much intrusiveness should a CCAS of Toronto intervene with respect to the risk to the health and safety of a patient? (Ontario, Canada)
Does a Master have the authority to grant intrusive testing? (Ontario, Canada)
What is the difference between a parent's right to be free from state intrusion into their relationship? (Ontario, Canada)
How have courts dealt with allegations of controlling and intrusive behaviour by the husband in a claim for non-dissipation of assets? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.