These cases have the potential to be successful on the basis of intrusion
upon seclusion without reliance on other heads of damages at all, which completely transforms the risk assessment for employers and administrators.
Not exact matches
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.
unreasonable intrusion
upon the
seclusion of another, for example, physical invasion of a person's home (e.g., unwanted entry, looking into windows with binoculars or camera, tapping telephone), searching wallet or purse, repeated and persistent telephone calls, obtaining financial data (e.g., bank balance)
without person's consent, etc..
This is the province's first - ever class action involving the new tort of «intrusion
upon seclusion», which allows individuals to advance a civil claim for damages against an intruder who intentionally invades their privacy,
without legal justification, in a manner that is highly offensive to the reasonable person.
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...