In a recent fascinating decision from by the Court of Queen’s Bench of Alberta Citation, Madam Justice Avril B. Inglis recognizes a new tort – public disclosure of private information.

The Defendant was found to have published nude and sexualized photos of the Plaintiff – said photos having been provided by the Plaintiff to the Defendant during the parties’ committed relationship and on the understanding that they were not to be shared.

The court determined that the Defendant’s conduct “through the course of his bonded, committed familiar relationship with the Plaintiff [was] appalling” and “destroyed [the] family unit and significantly damaged the mother of his children”( ES v Shillington, 2021 ABQB 739, para. 115). Consequently, Justice Inglis Ordered approximately $300,000 in damages payable by the Defendant to the Plaintiff, in part, for his decision to post the private images online.

While the public disclosure of private information is not inherently a ‘family law issue’ – it is not uncommon for parties in separation proceedings to have access to sensitive information about the other party – including intimate photos and videos.

The case if not appealed – it will potentially provide victims of domestic violence recourse where intimate information is publicly disclosed.

If you have any questions or concerns about a family law matter, you can set up a consultation by calling our office at 587.440.3070 or by using the Contact form on our website. Our office is set up to work virtually and we can assist you with any family or divorce issues you may have during the COVID-19 pandemic.

The above information regarding the new tort of public disclosure of private information does not constitute legal advice. EBL Family Law is not liable for any reliance on the above information.