What is the test for determining whether a plaintiff has a right to privacy?
Ontario, Canada
The following excerpt is from Jones v. Tsige, 2012 ONCA 32 (CanLII):
In determining the third element, the plaintiff must establish that the expectation of seclusion or solitude was objectively reasonable. The courts have adopted the two-prong test used in the application of the Fourth Amendment of the United States Constitution. The first step is demonstrating an actual subjective expectation of privacy, and the second step asks if that expectation is objectively reasonable: Katz v. United States, 389 U.S. 347, 88 S. Ct. 507 (1967), at p. 361 U.S.
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