What is the tort of intrusion upon seclusion?
British Columbia, Canada
The following excerpt is from Severs v Hyp3R Inc., 2021 BCSC 2261 (CanLII):
The tort of intrusion upon seclusion was recognized in Jones v. Tsige, 2012 ONCA 32 at paras. 70-72. Its elements include: a) Conduct of the defendant that is intentional or reckless; b) Invasion of a plaintiff’s private affairs or concerns, without lawful justification; and c) A reasonable person would regard the invasion as highly offensive causing distress, humiliation or anguish.
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