Teresa Scassa - Blog

Privacy
Wednesday, 28 March 2012 08:03

Troubling Court Order Raises Privacy Concerns

Written by Teresa Scassa
On March 7, 2012, counsel for Tory cabinet Minister Vic Toews made an ex parte application for a court order that would compel the Registrar of the Manitoba Court of Queen’s bench to disclose any logs or requisition forms that would reveal the identities of anyone who had applied to view the files relating to Mr. Toews divorce proceedings. The application made reference to the fact that persons unknown had accessed the files, made copies…

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…

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