2025 January 13

LW v. CL, 2025 NSSC 15

The Supreme Court of Nova Scotia awarded the female applicant $30,000 general damages, $10,000 aggravated damages and $5,000 punitive damages against the respondent, her ex-boyfriend, pursuant to the Intimate Images and Cyber-protection Act , SNS 2017, c7. The respondent, using a pseudonym, posted an intimate photo of LW as an advertisement on a website for sexual services. The Court noted that “[a]wards for cyber-bullying can attract damages similar to those awarded for defamation. No decision in this province has considered damages for the distribution of intimate images …[which] is not totally analogous to defamation.” The applicant testified she received communications from three individuals inquiring about her availability as a sex worker. Her affidavit described her concerns that her reputation in the community would be affected, and that harassment and online attacks would continue. The Court noted the respondent “denied under oath being responsible for posting the image and ad, did nothing to assist in its removal from the internet, accepted no responsibility and offered no apology.” In addition to the damages awarded, the Court made orders which prohibited him from distributing the intimate images, required him to remove or destroy any remaining copies or access he has to relevant intimate images, and prohibited any contact with the applicant for 12 months.