Jones v Tsige: A Banking Law Perspective

Windsor Law Faculty Author: Muharem Kianieff 

Abstract:

This paper considers the recent Ontario Court of Appeal decision in Jones v. Tsige.  In this unprecedented case, a bank customer was allowed to directly sue a bank employee for the tort of invasion of privacy after the employee surreptitiously accessed her bank account.  The case is significant due to its introduction for the first time, of an American cause of action under the tort of invasion of privacy.  However, in order to fashion the plaintiff with the personal remedy, the Court has failed to consider the application of the Tournier doctrine that has established that banks owe a duty of secrecy to their customers.  In so doing, it is argued that the Court has undermined an established tradition of law, one it is argued, that provides for a better approach in analyzing the issue than that used by the Court.  

The original article from the Ottawa Law Review is attached.