Tort Of "Public Disclosure Of Private Facts" Recognized In Alberta

The Alberta Court of Queen's Bench recognized the tort of "public disclosure of private facts" in Alberta, in ES v Shillington, 2021 ABQB 739 ("Shillington"). New torts are rarely recognized by the Courts, and this rare decision marks a pivotal moment in privacy law.

This new tort makes it possible for plaintiffs whose private information is publicly disclosed without their consent to seek damages for that disclosure. Ontario has recognized the tort since 2012 and Nova Scotia since February 2021. Alberta is the first western Canadian province to recognize this new tort.

Shillington involved the disclosure of intimate images on the internet by the defendant. The plaintiff and defendant were in a romantic relationship for a number of years. During the course of their relationship, the plaintiff shared intimate photographs with the defendant. While they were still together, the defendant posted the images online, including on sexually explicit websites.