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All of CanadaUpdated April 2026

Privacy in Civil Litigation

Private privacy torts, class actions, and damages claims available when your privacy has been violated.

TL;DR

Canadian civil law increasingly recognizes privacy torts: intrusion upon seclusion (Ontario, and similar torts in other provinces), public disclosure of private facts, false light, and appropriation of personality. Class actions are common for large breaches.

Intrusion upon seclusion

Recognized in Ontario by Jones v. Tsige (2012). The defendant must have intentionally (or recklessly) intruded on the plaintiff's private affairs or concerns, and the intrusion must be highly offensive to a reasonable person.

Damages are capped at around $20,000 without proof of actual harm, but can be higher for serious cases.

Public disclosure of private facts

Recognized in Ontario by Jane Doe 464533 v. N.D. (2016). The defendant must have publicized private information, where publication would be highly offensive to a reasonable person and the matter is not of legitimate public concern.

Statutory privacy torts

Several provinces (BC, Saskatchewan, Manitoba, Newfoundland and Labrador, Quebec) have statutory privacy torts. Quebec's Civil Code also provides a right to privacy in articles 3 and 35-41.

Class actions

Major data breaches often lead to class-action lawsuits. Canadian courts have certified classes in cases against Equifax, LifeLabs, Desjardins, and others. Settlements have ranged from modest per-person amounts to substantial total payouts.

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