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The case of Jane Doe 464533 v. N.D. [2016] O.J. No. 382 is the second civil case of its kind in Canada to award monetary damages for the tort of intrusion upon seclusion (breach of privacy).
  • Litigation & Dispute Resolution
Combined torts of breach of privacy and confidence lead to first damages award in Ontario
Watson Goepel

The case of Jane Doe 464533 v. N.D. [2016] O.J. No. 382 is the second civil case of its kind in Canada to award monetary damages for the tort of intrusion upon seclusion (breach of privacy). But it is the first to award damages against a defendant for the combined torts of breach of privacy and breach of confidence.The conduct which gave rise to the award was the action of posting an intimate video of the plaintiff on a pornography website without her knowledge or consent. The court also found that the elements of the tort of intentional infliction of mental suffering were present in the defendant’s actions.

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