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

See all articles by Brooke MacKenzie

Brooke MacKenzie

University of Toronto, Faculty of Law; MacKenzie Barristers P.C.

Date Written: March 31, 2016

Abstract

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

Suggested Citation

MacKenzie, Brooke, A New Tort for 'Revenge Porn': Doe 464533 v. N.D. as a Case Study in Judicial Law-Making (March 31, 2016). Available at SSRN: https://ssrn.com/abstract=2978069 or http://dx.doi.org/10.2139/ssrn.2978069

Brooke MacKenzie (Contact Author)

University of Toronto, Faculty of Law ( email )

Toronto
Canada

MacKenzie Barristers P.C. ( email )

Richmond Adelaide Centre
120 Adelaide St. W. Suite 2100
Toronto, Ontario M5H 1T1
Canada

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