Four of a kind: Ontario Recognizes the Fourth Privacy Tort – False Light

In late 2019, the Ontario Superior Court recognized the tort of placing a person in a false light for the first time. This landmark decision completes the set of four privacy torts, which are now all recognized in Ontario, and has implications for businesses.

For background on the three other privacy torts, intrusion upon seclusion was recognized by the Ontario Court of Appeal in Jones v Tsige in 2012. Following this landmark ruling, in 2016 and again in 2018, the Ontario Superior Court recognized the tort of public disclosure of private facts.[1] Misappropriation of personality has been recognized in Ontario since the 1970s.[2]

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Claims for Both Punitive Damages and Damages for Intrusion Upon Seclusion Survive

The Issue

Does entering someone’s house while he is out of the country and stealing his personal documents amount to conduct that is so reprehensible that it might warrant an award for punitive damages on top of damages for breach of privacy? This was the question addressed by the Ontario Superior Court of Justice in Furfari v Pedias, 2019 ONSC 4278 (“Furfari”).

The Facts

The Plaintiff, Mr. Furfari, had previously been friends with the Defendant, Mr. Pedias, and his brother Mario, who was the vice-president of the company that the Plaintiff had previously worked for, and which was now suing him in unrelated action.

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