Manitoba Court Interprets The Common Law Tort Of Intrusion Upon Seclusion

The Manitoba Court of Appeal (the "Court") has held that the tort of intrusion upon seclusion, as set out in Jones v Tsige, may allow family members, who claim to have suffered as a result of a breach of a privacy interest of another member, to advance a claim in their own right.

Background of Intrusion Upon Seclusion

In January 2012, the Ontario Court of Appeal released Jones v Tsige, in which it held that there is a tort of invasion of personal privacy in Ontario. For more on Jones v Tsige, see this article.

More recently, in Demcak v Vo, the British Columbia Supreme Court confirmed that, due to an existing statutory cause of action, there is no common law tort of invasion of privacy in British Columbia. For more on Demcak v Vo, see this article.

The Facts in Grant v. Winnipeg Regional Health

In Grant, the plaintiff, the sister of a man who died in an emergency waiting room after a prolonged stay there without receiving medical attention, commenced an action against the Winnipeg Regional Health Authority. In the amended claim against the defendants...