September 26, 2022
S.B. v D.H. 2022 SKKB 216

The Saskatchewan Court of King’s Bench rendered a decision on a case involving the non-consensual distribution of intimate videos and images.

On a summary judgment application, the Court found the defendant liable for breaches of The Privacy Act (which was amended to include a statutory claim for the non-consensual distribution of intimate images), intentional infliction of mental distress and the Court adopted the new tort of public disclosure of private facts.  General and aggravated damages of $160,000 were awarded, as well as costs.

The Court also rejected the defendant’s contributory negligence arguments.