Teresa Scassa - Blog

Privacy
In its unanimous decision in Jones v. Tsige, 2012 ONCA 32, the Ontario Court of Appeal recognized at least one subset of a common law right of action for invasion of privacy. This subset, which the court calls the tort of “intrusion upon seclusion” is one of four privacy-related torts identified by U.S. law professor William L. Prosser in his article “Privacy”((1960), 48 Cal. L.R. 383 at 389), and adopted by the U.S. Restatement (Second…

A recent decision of the Supreme Court of Canada on the constitutionality of the proposed federal Securities Act raises interesting questions regarding the constitutionality of the Personal Information Protection and Electronic Documents Act (PIPEDA). PIPEDA was enacted by the federal government in 2000, and sets rules for private sector data protection that apply to all organizations engaged in commercial activity across the country. The authority of the federal government to enact such a law has…

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