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Ontario Court Creates Privacy Tort

PRIVACY LAW—CANADA

January 19, 2012

The Ontario Court of Appeals has recognized a common law tort for invasion of privacy, which allows individuals to sue others that invade their privacy, reports The Globe and Mail. The three judge panel unanimously agreed that the case--in which a bank employee snooped on the financial records of her common-law spouse's ex-wife to find out how much child support she was receiving--was in need of a "legal remedy." Justice Robert Sharpe wrote, "it is appropriate for this court to confirm the existence of a right of action for intrusion upon seclusion. Recognition of such a cause of action would amount to an incremental step that is consistent with the role of this court to develop the common law in a manner consistent with the changing needs of society."
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