The decision of Hopkins v Kay, 2015 ONCA 112, is regarding privacy law in the hospital setting. The main issue was whether the new common law tort of intrusion of seclusion applied even though the hospital is governed by the Personal Health Information Privacy Act, SO 2004 C-3 (PHIPA). The common law tort of intrusion of seclusion was first successfully used in Jones v Tsige, 2012 ONCA 32.
Common Law Privacy Tort Strikes Again
April 2015
Kelly Santini LLP, Ontario
