A New Tort for 'Revenge Porn': Doe 464533 v. N.D. as a Case Study in Judicial Law-Making
9 Pages Posted: 2 Jun 2017
Date Written: March 31, 2016
This paper discusses the 2016 decision of Stinson J of the Ontario Superior Court in Jane Doe 464533 v ND, which accepted the new tort of "public disclosure of private facts" on a motion for default judgment. The decision provides a helpful case study on the role of motions judges and trial judges in creating new law in response to novel fact scenarios emanating from technological change and evolving social norms.
Keywords: Judicial decision-making; motion for default judgment; public disclosure of private facts; revenge porn law; judicial restraint; breach of privacy
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