In a Recent Case in Ontario,the Court Determined That Breach

In a recent case in Ontario,the court determined that breach of privacy can be considered a tort.Which of the following was not a factor assessed by the judge?

A) Whether the firm acted in a discriminatory manner.
B) Intentional conduct of the defendant.
C) Unlawful invasion of the plaintiff's private affairs.
D) The harm caused as a reasonable consequence of the conduct.
E) Reckless conduct of the defendant.