No tort of invasion of privacy in Ontario
The Ontario Superior Court has held that there is no common law tort of invasion of privacy in Ontario (Jones v. Tsige, 2011 ONSC 1475) . In coming to its decision, the Court emphasized the existence of statutory schemes that govern privacy issues.
The plaintiff claimed that the defendant, her co-worker at a bank, had committed the tort of invasion of privacy by accessing the plaintiff’s private banking records without authorization.
The case law on this issue was mixed as some Ontario court decisions had accepted the existence of this type of tort and others had not.
The Court reviewed the case law and took into consideration that most Canadian jurisdictions have statutory schemes that govern and regulate privacy issues and disputes. Referring to these statutory schemes, the Court stated, “In Ontario, it cannot be said that there is a legal vacuum that permits wrongs to go unrighted – requiring judicial intervention.”
In coming to its decision, the Court relied heavily on the existence of the Personal Information Protection and Electronic Documents Act (PIPEDA) and its application to the banking sector. According to the Court, the plaintiff would not have been without a remedy for a wrong and she could have pursued an action through PIPEDA.
The Court went on to add that “this is not an area of law that requires “judge-made” rights and obligations. Statutory schemes that govern privacy issues are, for the most part, carefully nuanced and designed to balance practical concerns and needs in an industry –specific fashion.”
