David Zitzerman
๐ค SpeakerAppearances Over Time
Podcast Appearances
That's a great question.
I mean, first of all, this this particular story hits home for me because my son's name is Matt, my middle son, and his girlfriend's name is Haley.
I can really relate to the story.
Yes.
So to answer your question, in Ontario since 2016, the Ontario Superior Court created a tort called Public Disclosure of Private Facts.
And this particular case is a textbook example of that tort.
In other words, it's a civil remedy.
You can sue for invasion of privacy.
And it's applicable where there is a public disclosure of a private fact or matter.
In this case, it obviously had to do with the sexual performance.
and size parameters of the ex-husband.
Ever the lawyer, you're saying that so diplomatically.
Yeah, you know, and there needs to be a lack of consent, and obviously there was no consent here.
Has to be very offensive to a reasonable person.
I think unlike Taylor Swift's Wood, which you could argue is very complimentary of Travis Kelsey, this is probably...
considered to be offensive to many people.
And there has to be no legitimate public interest in the disclosure.
So if you have those elements in Ontario, you can sue under this tort for public disclosure of private facts.
So if this case was in Ontario, I think the plaintiff would have a great case.
You know, I think a lot of it has to do with context.