CDL – Public Disclosure of Private Facts Jane Doe v. ND

The frequency and severity of electronic privacy breaches continue to rise and the common law is being called upon to protect victims’ rights.

In Jane Doe 464533 v ND (2016 ONSC 541), the plaintiff’s ex-boyfriend uploaded an intimate video of her to the internet without her knowledge or consent. The plaintiff sued the ex-boyfriend. She plead (amongst other causes of action) breach of privacy.

Justice Stinson cited the seminal decision from the Court of Appeal, Jones v Tsige (2012 ONCA 32) and its reliance upon the four privacy torts set out in the American Restatement (Second) of Torts. His Honour then held that the tort of public disclosure of private facts was most applicable to the case at bar and that the cause of action was made out on the facts.