A New Tort for 'Revenge Porn': Doe 464533 v. N.D. as a Case Study in Judicial Law-Making

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.