Sentences with phrase «upon seclusion as»

Not exact matches

The impact of Sufism has not disappeared completely, however, since everyone is free to pray as he pleases, to follow his own dhikr in seclusion, and to obey the commands and teachings of Allah and the Prophet (the Peace and Mercy of Allah be upon him).

Although popular attractions such as Milford Sound can become crowded during the summer months, the park is vast, and, upon leaving Te Anau's bustling streets, most visitors are taken aback by an overwhelming sense of peace and seclusion.

The Court of Appeal described the new tort as: «One who intentionally intrudes, physically or otherwise, upon the seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the invasion would be highly offensive to a reasonable person.»

Although the employer was not named as a defendant in this case, it is clear that an employer may be found liable for the tort of intrusion upon seclusion.

«While not explicitly recognizing the tort in Trout Point Ltd. v. Handshoe, Hood J. cited Jones... and held that «in an appropriate case in Nova Scotia there can be an award for invasion of privacy or as the Ontario Court of Appeal called it, the «intrusion upon seclusion,»» wrote Pickup.

The court described the tort as: «One who intentionally intrudes, physically or otherwise, upon the seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the invasion would be highly offensive to a reasonable person.»

One version of this is «intrusion upon seclusion» such as wiretapping for which a civil action was recognized in Texas in Billings v. Atkinson, 489 S.W. 2d 858 (Tex. 1973).

Intrusion upon seclusion, which has only emerged recently in certain Canadian jurisdictions, allows plaintiffs to sue if a person has intentionally invaded their private affairs without permission and if a reasonable person would view the invasion as highly offensive.

If you are required to take additional actions, such as opening up your spouse's bag to find the documents in question then that does not qualify as a place you might normally be or go during the day and could make you liable for «intrusion upon seclusion.

It should be noted that, in this case, the employer did not dispute the breach of privacy, and as such it was assumed that the employer committed the tort of intrusion upon seclusion and was responsible for the peace officer's actions.

The suit alleges that Standard violated myriad U.S. federal and state laws in its practices, including the Federal Wiretap Act, the Illinois Eavesdropping Statute, the Illinois Consumer Fraud and Deceptive Business Practice Act and constitutes «intrusion upon seclusion» (a privacy tort) as well as unjust enrichment.

On June 6, 2014, the Ontario Superior Court of Justice certified a class action brought on behalf of the affected customers, alleging that they were victims of identity theft and fraud as a result of the intrusion upon seclusion.

The Court certified the privacy tort of Intrusion Upon Seclusion and a new privacy tort called Publicity Given to Private Life, described as «truly novel in Canada:.

A hospital insurer was held to owe a duty to defend a hospital employee sued for the privacy tort of inclusion upon seclusion, as such was an «invasion or violation of privacy» or an «invasion or violation of a right of privacy, withi...

A landlord conducting a credit check on a prospective tenant without their knowledge or consent does not amount to the privacy tort of intrusion upon seclusion, as the Ontario statute authorized a credit check in the circumstances and a reasonable pers...

The court also refers to the tort as intrusion upon seclusion.

In Bennett v Lenovo, the plaintiff alleged breach of contract, breach of the implied condition of merchantability, the tort of intrusion upon seclusion, and breach of provincial privacy laws as a result of the factory installation of an alleged adware program «Virtual Discovery» on certain Lenovo laptops.

The common law in Canada also recognizes a right to personal privacy, more specifically enforced as a «tort of intrusion upon seclusion» (Jones v. Tsige, 2012 ONCA 32).

The US has had at least a common - law action for intrusion upon seclusion for a long time, yet none of the class actions brought as a consequence of a data breach has resulted in a judgment, and the overwhelming majority have been dismissed early on because no damages have been demonstrated.

As mentioned, we see examples of this with every new Supreme Court decisions, but one of the most dramatic examples in recent months came out of the Ontario Court of Appeal with the release of Jones v. Tsige and the introduction into the legal canon and popular vernacular of the «tort of intrusion upon seclusion».

The Court of Appeal described the tort of «intrusion upon seclusion» as: «One who intentionally intrudes, physically or otherwise, upon the seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the invasion would be highly offensive to a reasonable person.»

[9] In a law review article written in 1960, the leading American torts scholar, William Prosser, listed four distinct kinds of invasion of privacy interests as follows: (i) intrusion upon the plaintiff's seclusion or solitude, or into his private affairs; (ii) public disclosure of embarrassing private facts about the plaintiff; (iii) publicity which places the plaintiff in a false light in the public eye; and (iv) appropriation, for the defendant's advantage, of the plaintiff's name or likeness: see William L. Prosser, «Privacy» (1960) 48 Cal.

The new Ontario tort law is known as «intrusion upon seclusion.»