Contributor: Michael Power

Michael Power is a lawyer and consultant providing legal, policy and governance advice to public- and private-sector organizations in Canada, the U.S. and Europe. He is the author of Halsbury’s Laws of Canada—Access to Information and Privacy and co-author of Sailing in Dangerous Waters: A Director’s Guide to Data Governance published by the American Bar Association. His latest book, The Law Of Privacy, will be published by LexisNexis in June 2013. He is a member of the Law Society of Upper Canada and the Nova Scotia Barristers’ Society and currently serves as an Adjunct Professor at Osgoode Hall Law School.

Opinion

Did We Get The Right Privacy Tort?

By Michael Power

Note from the Editor:

The upcoming IAPP Canada Privacy Symposium will feature insights from some of the nation's top privacy experts and officials. Among several topics, the breakout session Trendspotting: Privacy Litigation in 2013 will offer insight into current and evolving trends in Canadian privacy law.

As Canadian privacy professionals will know, 2012 saw a significant development in Canadian tort law with respect to privacy. While some lower courts have recognized an “invasion of privacy” tort or said there might be one, higher courts refused to countenance the existence of such a tort until the Ontario Court of Appeal did so in Jones v. Tsige.

In Jones, the court recognized the tort of...

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