Be careful of how you obtain information/documentation from your spouse!!!!

The Ontario Court of Appeal has recently recognized a new cause of action dealing with invasion of privacy.  The tort is called “intrusion upon seclusion”.  In order to be successful a claimant must show the following:

– an unauthorized intrusion;

-that the intrusion was highly offensive to the reasonable person

– that the matter intruded upon was private

– the the intrusion caused anguish and suffering.

The tort does not require proof of any economic loss or harm to an economic interest.  If a claimant is successful, damages,  not including aggravated or punitive damages, can be up to $20,000.00.

Therefore, when one party obtains information by way 0f breaking into emails, cracking electronic passwords, going into cabinets or any other surreptitous method, he/she risks being sued for damages based on the tort of “intrusion upon seclusion”.

Divorce lawyers in Toronto range in price and quality. Here at Fine & Associates, all of our family lawyers are trained and knowledgeable in the areas you seek help.