When a person shares sexually explicit images with another in confidence and has that confidence betrayed by the recipient posting the images publicly on line are there recognized grounds to sue for damages?  A recent case in Ontario considered this for what I believe to be the first time and  found that such actions indeed attract liability under the existing framework of Canadian tort law.

In the recent case ( Jane Doe464533 v. Doe h/t to the Globe and Mail’s Sean Fine for sharing the case) the court set out the following facts

Screenshot-caselaw

The video was on line for three weeks and the amount of views it received was unknown.  Justice Stinson awarded $50,000 in compensatory damages, $25,000 in aggravated damages and a further $25,000 in punitive damages along with interest and costs.

In finding this conduct to be tortious the court concluded that the torts of Breach of Confidence, Intentional Infliction of Mental Distress and Invasion of Privacy were all made out by such behavior.

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