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Category Archives: Privacy

Breach of Privacy – Ontario’s Tort of Intrusion Upon Seclusion – Ottawa Injury Lawyer Discusses This Developing Injury Tort – Breach of Privacy

The tort of intrusion upon seclusion, being a tort claimed as a result of breach of privacy is a developing area of the law in Ontario. An example of how this tort works may be found in the case of McIntosh v. Legal Aid Ontario. The complainant commenced legal action against Legal Aid Ontario and his spouse for breach of privacy. T%he spouse obtained information that was confidential from the file held by Legal Aid Ontario and used it against her spouse in a legal proceeding and intimidated him with the knowledge. The complainant sued Legal Aid Ontario claiming his privacy rights had been violated and he won. Lao acknowledged there was a breach, issued an apology letter and paid compensation. The matter was settled out of court. …

The Absurdity of Privacy Laws in Ontario

In Ontario, persons and organizations that violate privacy laws are now more frequently being subjected to court scrutiny. In the past, privacy breaches have not been the types of breaches people take to court. When faced with privacy breaches, the preferred route was to file a complaint with the Privacy Commissioner under the Personal Information Protection and Electronic Documents Act (PIPEDA). Should the privacy of individuals in Ontario be protected by law? The short answer is yes, of course. However, some institutions improperly hide behind privacy legislation making it increasingly difficult for victims of violence and accidents to obtain the identity and contact particulars of the wrongdoers so they can pursue their remedies at law. Consider the following example: you are walking down a municipal sidewalk when an …