September 13, 2017
Torys associate Lara Guest has spoken to Law Times about her involvement in a pioneering case in a relatively new area of law.
The September 11 article describes a class action filed against the Winnipeg Royal Ballet, where “former students are asserting claims based upon breach of privacy in relation to intimate photos taken by an instructor and then posted online.”
Given the limited jurisprudence on online privacy breaches of this type in Canada, Lara was asked to comment due to her involvement in one of the few cases that do exist in this realm, Jane Doe v. N.D. In that case, while Superior Court Justice Frances Kiteley denied the motion to set the default judgment aside, saying she did not see “the dismissal of this motion for leave to appeal as a discouragement of victims,” Lara told Law Times it is important to remember the decision only set aside the finding of liability and the damages.
“It didn’t set aside the injunction that the defendant destroy any and all intimate images or recordings of the plaintiff in his possession, power or control, and it didn’t set aside the legal principles relating to the tort,” Lara said.
“That is still good law.”
You can read the full article on the Law Times website.