In what I believe is the first case in Alberta recognizing the tort of “Public Disclosure of Private Facts” a Court adopted this tort and awarded significant damages following the non-consensual publication of private sexual images.
In the recent case (ES v. Shillingham) the parties were involved in an intimate relationship. Of the course of the relationship the Plaintiff shared sexual images with the Defendant “as a private gift to him.” and on the understanding that “he would not distribute these images in any way.“. Despite this he chose to share these images on the internet over the years.
In recognizing a new tort and assessing damages to address this wrongdoing Justice Avril Inglis provided the following reasons: