The appellant discovered that the respondent, a fellow bank employee who was in a relationship with the appellant's former husband, had repeatedly accessed her private banking records without authorization.
The motion judge dismissed the appellant's claim, finding that Ontario law did not recognize a tort of invasion of privacy.
The Court of Appeal allowed the appeal, formally recognizing the tort of intrusion upon seclusion in Ontario.
The court awarded the appellant $10,000 in damages, finding the respondent's deliberate and repeated actions were highly offensive and caused distress.
