torts doctrine is comparatively simple, with harder, more well-defined edges. Take, for instance, the cause of action for battery. The elements are: (1) an action, that is (2) intentional, and which results in a (3) harmful or offensive (4) touching of the plaintiff. Those elements are mostly self-explanatory.
Did We Get The Right Privacy Tort? As Canadian privacy professionals will know, 2012 saw a significant development in Canadian tort law with respect to privacy. While some lower courts have recognized an “invasion of privacy” tort or said there might be one, higher courts refused to countenance the existence of such a tort until the Ontario Court of Appeal did so in Jones v. CANADA S NEW TORT OF PRIVACY AND ITS IMPACT ON … English torts under the rubric of a tort of privacy. The tort of privacy can really be seen as a “residual notion”2 that protects a concept of privacy, which does not fit neatly into one of the established torts but is seen as offensive to one’s right to be “let alone.” The residual right of privacy is not one tort, but four. Ontario Superior Court recognizes new “false light
While some Canadian provinces (BC, Saskatchewan, Manitoba, Quebec and Newfoundland) have enacted statutory torts of invasion of privacy, Ontario has not. Nevertheless, a judge of the Ontario Superior Court recently concluded that the time has come to recognize invasion of privacy as a common law tort …
Ontario Court Recognizes New Privacy Tort “Publication of The case is significant because it signals the continuing expansion of privacy torts in Ontario, in this case through the recognition, for the first time in Canada, of the tort of “publication Locating Torts: Where can a defendant be sued under 2 Locating the most common torts Deciding where a tort has been committed has been a challenge for Canadian courts,11 which have resisted providing any hard or fast rules for this exercise. Historically, the common law recognized two theories for determining the location of a tort: (i) the “place of acting” theory, which puts the tort in the
Jul 21, 2017
CANADA S NEW TORT OF PRIVACY AND ITS IMPACT ON … English torts under the rubric of a tort of privacy. The tort of privacy can really be seen as a “residual notion”2 that protects a concept of privacy, which does not fit neatly into one of the established torts but is seen as offensive to one’s right to be “let alone.” The residual right of privacy is not one tort, but four. Ontario Superior Court recognizes new “false light Mar 06, 2020