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ARTICLE · 05 MARCH 2020

Case Summary: Yenovkian v Gullian

The Ontario Superior Court of Justice has recognized the privacy tort of placing the plaintiff in a false light, awarding both compensatory and punitive damages for same.

CanadaFamily and Matrimonial

The Ontario Superior Court of Justice has recognized the privacy tort of placing the plaintiff in a false light, awarding both compensatory and punitive damages for same. 

Yenovkian v. Gulian, 2019 ONSC 7279, per Kristjanson, J.

Facts + Issues

Mr. Yenovkian and Ms. Gulian were married in October 2000. They had two children; a daughter (A.B.) who was almost 12 years old and a son (C.D.) who was almost 9 years old. The daughter suffered from a neurological disorder and was on the autism spectrum. Yenovkian was found to have been abusive during the marriage. The marriage ended on September 19, 2019 when Yenovkian asked for a divorce.

Yenovkian claimed for a divorce, with family remedies such as access and custody of the children. Gulian cross-claimed for spousal maintenance and damages (compensatory and punitive) for the torts of nuisance, harassment, intentional infliction of mental suffering (nervous shock) and invasion of privacy, seeking $150,000 in

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