Donna Wilson

The plaintiff brought a motion for default judgment against her ex-boyfriend after he posted an intimate video of her on a pornographic website without her consent.

The court found the defendant liable for breach of confidence, intentional infliction of mental distress, and invasion of privacy (specifically, public disclosure of embarrassing private facts).

Recognizing this as a novel civil claim in Canada, the court awarded the plaintiff the maximum simplified procedure limit of $100,000 in damages, comprising general, aggravated, and punitive damages, along with full indemnity costs and permanent injunctive relief.

The plaintiff and other lien claimants sought a determination of the basic holdback amount under the Construction Lien Act following the sale of a partially completed retirement home project by the defendant mortgagee.

The mortgagee argued the holdback was reduced by payments made to sub-trades during construction.

The court found that the owner violated section 25 of the Act by releasing holdback funds before certificates of completion were issued, and that such a breach could not be cured retroactively.

The court fixed the basic holdback at the full 10% of the value of services and materials provided, plus applicable GST.