Separate from the Charter, which binds the state, private-law privacy protects individuals against each other. In 2012 the Ontario Court of Appeal recognised the tort of intrusion upon seclusion.
The tort has three elements: the defendant's conduct was intentional or reckless; it intruded, without lawful justification, on the plaintiff's private affairs; and a reasonable person would regard the intrusion as highly offensive, causing distress or anguish. Damages are available even without proven economic loss, though they are modest.
The Court of Appeal recognised a new privacy tort — intrusion upon seclusion — allowing recovery where a defendant intentionally intrudes on another's private affairs in a way a reasonable person would find highly offensive, even without proof of economic loss.