As private lives are increasingly digitized, Canadian courts continue to expand their recognition of common law privacy torts.

The latest privacy tort recognized in Alberta is public disclosure of private facts in the decision of ES v Shillington, 2021 ABQB 739. Justice Inglis confirmed that the common law tort exists in Alberta and awarded the plaintiff $155,000 in damages in connection.

This decision brings the Alberta courts one step closer to recognizing all four privacy torts set out by the Ontario Court of Appeal in Jones v Tsige  in 2012 and are now officially recognized by the Ontario Courts. To date, the Alberta courts have considered the tort of intrusion upon seclusion, and have now officially recognized the misappropriation of personality and public disclosure of private facts.

We provide a summary of the latest privacy tort and highlight the key takeaways from the decision in ES v Shillington, 2021 ABQB 739 here.

For more information, visit our Canadian Securities Litigation blog at

About Dentons

Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Specific Questions relating to this article should be addressed directly to the author.