New Privacy Tort Recognized in Ontario – Tort of Revenge Porn and Other Privacy Torts – Ottawa Personal Injury Lawyer discusses its impact
The Ontario Superior Court has changed the law in Ontario in a decision in which the Court explicitly recognizes that the public disclosure of private images constitutes a privacy tort and that pecuniary damages may be awarded for the wrongful act.
In the 2016 decision of Doe 464533 v. D., 2016 ONSC 514, the Ontario Superior Court addressed the issue of privacy torts in Ontario and expressly stated that the non consensual disclosure of private images can constitute a privacy tort. This case dealt with the non consensual distribution of intimate images in which the person depicted in the images sought damages for the disclosure.
The Court considered the legal doctrines of invasion of privacy, breach of confidence and intentional infliction of mental distress in the context of the public release of the images /video and its violation of a person’s privacy.
In this case where an individual who was in a romantic relationship with another publically released images / video on the Internet of a porn nature of the other person without legal consent, authority or justification, was held liable and the Court awarded damages, injunctive relief and issued a publication ban. The person who did not want the video published was devastated by the release and suffered from a recognizable mental illness as a result.
The Court found that the person who published the video committed the tort of breach in confidence, intentionally inflicted mental distress upon his victim and invaded her privacy by making the private video available to the public.
The Court awarded the plaintiff $141,708.03 in damages. The damages included general damages (for pain and suffering), aggravated and punitive damages (as a deterrence and punishment), as well as legal costs. The Court ordered all remaining copies of the video to be destroyed. As well, the Court issued an injunction prohibiting the defendant from contacting the plaintiff and her family in any way. Lastly, a publication ban was ordered.
The content of this article is intended to provide general information only and is not intended nor should be accepted as legal advice. All cases are different and legal advice should always be sought about your specific circumstances.
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