What are the elements of a cause of action for intrusion upon seclusion?

Ontario, Canada


The following excerpt is from Demme v. Healthcare Insurance Reciprocal of Canada, 2021 ONSC 2095 (CanLII):

These elements make it clear that recognizing this cause of action will not open the floodgates. A claim for intrusion upon seclusion will arise only for deliberate and significant invasions of personal privacy. Claims from individuals who are sensitive or unusually concerned about their privacy are excluded: it is only intrusions into matters such as one’s financial or health records, sexual practices and orientation, employment, diary or private correspondence that, viewed objectively on the reasonable person standard, can be described as highly offensive. See also Hopkins v. Kay, 2015 ONCA 112, 124 O.R. (3d) 481, at para. 48.

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