Having just read Owsianik, the result and reasoning seem correct (though I'm less interested in/knowledgeable about the threshold test for allowing the class action to be certified). Intrusion upon seclusion is an intentional tort; what was alleged here is effectively negligence. There was no evidence that could realistically satisfy intent to invade privacy or recklessness as to that outcome. 

But this did make me wonder about invasions of privacy as an injury that negligence law recognizes. Does anyone know of case law on this? It reminds me a bit of Bella v Young, though the tort there was defamation and issue was whether you could bring a negligence action when the wrong complained of looked like defamation. The court said you couldn't bring a negligence action for reputational harm alone but if you can make out the elements of negligence, the fact that there was also reputational harm doesn't preclude a negligence remedy. Does anyone know of case law recognizing an invasion of privacy as an injury for the purposes of negligence law?

Hope everyone's well. 

--Hilary