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Michelle Works at a Bank in a Small Town

Question 20

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Michelle works at a bank in a small town.During her lunch breaks, she enjoys searching for her old high school classmates on the Internet.Last week, for a change of pace, she decided to search the bank's computer files instead.By doing so, she learned that her first boyfriend, Brian, had fallen on hard times.When he failed to pay his mortgage, the bank foreclosed on his house.He is hopelessly overdrawn on his chequing account and he appears to be on the verge of bankruptcy.Consequently, although they had not spoken in twenty years, Michelle telephoned Brian and asked why his life had fallen apart.Brian is furious with Michelle and wants to sue her in tort.Which of the following statements is most likely to be TRUE?


A) Michelle's behaviour amounts to the tort of assault as long as it caused Brian to fear that his financial records might be made public.
B) Michelle's behaviour in viewing Brian's records amounts to the tort of voyeurism according to s 162 of the Criminal Code.
C) Michelle's behaviour amounts to the tort of intrusion upon seclusion according to the case of Jones v Tsige.
D) Michelle's behaviour amounts to the tort of conversion.
E) Michelle's behaviour amounts to the tort of misappropriation of personality if she pretended to be Brian in order to access his records.

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