Yamri Taddese reports:
The new tort of intrusion upon seclusion has been “implicitly” recognized in Nova Scotia, according to a ruling in a medical records privacy breach class action that challenged its existence in that province.
The defendant in Hemeon v. South West Nova District Health Authorityargued the relatively new tort, first set out in Canada by the Ontario Court of Appeal in Jones v. Tsige, wasn’t recognized in Nova Scotia and its elements hadn’t been set out.
But in a recent ruling, Supreme Court of Nova Scotia Justice Arthur Pickup said while the tort was never explicitly recognized in the province, it has been referred to in jurisprudence from the courts.
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