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Sunday, April 3, 2011

No common law tort for invasion of privacy: judge

From the Financial Post:
The Ontario case of Jones v. Tsige involves the sort of prurient details you’d expect to see in front of Judge Judy on afternoon TV: soured romantic entanglements and a squabble over money.

But the case is on its way to the Ontario Court of Appeal to address one of the oldest issues in the common law world: Is there a free standing common law tort for invasion of privacy?

Most people might assume such a right exists, but the issue has actually perplexed lawyers in Ontario and some other common law provinces for decades. Last week, Mr. Justice Kevin Whitaker of the Ontario Superior Court of Justice answered the question in a brief 9-page summary judgment ruling: “I conclude that there is no tort of invasion of privacy in Ontario.”

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