Jones v. Tsige: Ontario's Privacy Tort

The case

Ms. Jones and Ms. Tsige worked at different branches of the same bank. Ms. Tsige was in a relationship with Ms. Jones's former husband, and over four years she looked at Ms. Jones's banking records at least 174 times. She didn't share or publish the information. The Court of Appeal held that this was an actionable invasion of privacy and awarded $10,000.

After Jones v. Tsige

• Courts have applied the tort to snooping in medical records, secret recordings and some cases of sharing intimate images.
• Ontario courts have also recognized a related tort for publicly disclosing embarrassing private facts.
• In Owsianik v. Equifax (2022), the Court of Appeal held that companies whose databases are hacked by others are not themselves liable for intrusion upon seclusion, though other claims may apply.
• Privacy laws such as PIPEDA and Ontario's health privacy law offer complaint routes too.

If your privacy was invaded

1. Write down what was accessed, when, and how you found out.
2. Ask for an audit or access log from the organization that holds your records.
3. Consider a complaint to the organization, the relevant privacy commissioner, or a claim in Small Claims Court.
4. Watch the two-year limitation period, which generally runs from when you discovered the intrusion.

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This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.