Hidden in the text of a strongly-worded family law case, Yenovkian v. Gulian, 2019 ONSC 7279, a
new and timely tort based on invasion of privacy was recognized
– Publicity Placing Person in False Light. This new
tort is a recognition of a fourth (and final) type of tort already
recognized in the United States in the Restatement (Second) of
Torts (2010) (the
“Restatement”).
One will be held liable for invasion of privacy pursuant to the
tort of publicity placing person in false light if such
person gives publicity to a matter concerning another that places
the other before the public in a false light where: (a) the false
light in which the other was placed would be highly offensive to a
reasonable person; and (b) the actor had knowledge of or acted in
reckless disregard as to the falsity of the publicized matter and
the false light in which the other would be placed.
