New tort remedy applicable in family matters

The Ontario Court of Justice in a new decision "Doe" has awarded civil damages of $100,000 plus an injunction for a claim described as the tort of "the public disclosure of private facts".

The Plaintiff's ex- boyfriend had posted a private video onto a pornographic website. The court relied heavily on emerging literature from the US regarding privacy torts as well as a 2011 decision that referred to the tort of intrusion upon seclusion. Family lawyers have witnessed many such similar acts by or against their clients. 

The court summarized that one who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of the others privacy, if the published matter or the act of publication:

(a) would be highly offensive to the other person, and 

(b) is not of legitimate concern to the public.

It will be interesting to see how receptive the Canadian courts will be to grant damages in this digital world in similar cases.. However the courts awareness of the need for flexibility to create legal remedies through the creation of a new tort should give pause to parties ending a relationship through vindictive acts.