A Quebecer who filmed and took pictures of sexual escapades with a 20-year old woman and then distributed it on the Internet was ordered to pay $39,000 in damages.
In a brief four-page ruling, Quebec Superior Court Judge Sylviane Borenstein held that the man breached her fundamental rights by intentionally and illicitly invading her privacy, and that his conduct cannot be tolerated or trivialized by the courts. “The actions were ignoble and the Court expresses its indignation over these actions. One can understand that the woman, who is only 20 years old, feels betrayed and humiliated,” said Justice Borenstein in J.G. c. M.B., 2009 QCCS 2765
The Court issued a publication order that forbids media from identifying the parties in order not to aggravate the harm she has suffered.
Judge Borenstein barred the man from communicating, distributing, publishing, reproducing, or transmitting pictures, e-mails or videos of the filmed events as well as prohibited him from reaching her in any way. Further, the Court prohibited him from having in his possession photographs and videos of the plaintiff.
He was also ordered to pay for costs stemming from an Anton Piller order that was issued. An Anton Piller order is a court order that provides the right to search premises and seize evidence without prior warning.