“Recognition of the tort of intrusion upon seclusion is a recent development in the common law in this province. In Jones v. Tsige, 2012 ONCA 32 (CanLII), the Court of Appeal set out a three-part test for establishing intrusion upon seclusion:
a. the defendant’s conduct must be intentional or reckless;
b. the defendant must have invaded, without lawful justification, the plaintiff’s private affairs or concerns; and
c. a reasonable person would regard the invasion as highly offensive causing distress, humiliation or anguish.”