Patterson Insurance Pulse

In the January 2012 trial in Drover v. HRWC & Frankton (not yet reported), our firm successfully argued our clients’ case to affirm private rights to block drainage of surface and ground water in an undefined water course. In a decision from the bench, Justice Gregory Warner held HRWC (Karen MacDonald) and the Franktons (Gregory Hardy) to be successful on all issues of law and fact. The plaintiffs (James MacNeil) argued unsuccessfully that the location of a Halifax Regional Water Commission (HRWC) easement on the land, and that the "unique" nature of the land altered the relationship between the properties sufficiently to find a drainage right.

A landmark decision, Jones v. Tsige 2012 ONCA 32, was handed down by the Ontario Court of Appeal on January 18, 2012, heralding the recognition of the tort of "intrusion upon seclusion". This decision will almost certainly have implications in other provinces.

The plaintiff in the case had been in a common-law relationship with the ex-husband of the defendant. Both plaintiff and defendant worked for the same bank. The defendant accessed the plaintiff’s personal information without just cause or authorization on many occasions, allegedly in order to determine child support payments. An initial motion for summary judgment was defeated by the defendant’s claim that no tort existed, but the appeal court held that a cause of action was available if certain elements are met: (1) the defendant’s conduct must be intentional / reckless, (2) the defendant must have invaded, without lawful justification, the plaintiff’s private affairs, (3) a reasonable person would find the invasion highly offensive, causing...