Most people are aware that sharing intimate images without consent can result in criminal charges. What is less well known is that victims may also bring a civil lawsuit and recover substantial financial compensation.

In Grummett v Warholik, 2023 ABKB 208, the Alberta Court of King's Bench awarded $92,500 in damages to a woman whose former partner posted intimate images of her online without her consent. The decision provides important guidance on how Alberta courts assess damages for the public disclosure of private facts and breach of confidence.

The Facts

The parties lived together for approximately one year. During the relationship, the defendant took sexually explicit photographs of the plaintiff with the understanding that the images would remain private.

After the relationship ended, the defendant uploaded some of the images to a publicly accessible website. The postings identified the plaintiff by her full name, location, and included images showing her face. The plaintiff discovered the postings after being contacted by strangers who had viewed the images online.

Although the defendant initially denied responsibility, he later apologized. He was criminally charged under section 162.1 of the Criminal Code for distributing intimate images without consent and ultimately pleaded guilty.

The Civil Claim

The plaintiff sought $80,000 in general damages, $25,000 in aggravated damages, and $25,000 in punitive damages. The Court awarded:

$80,000 in general damages;
$12,500 in aggravated damages; and
no punitive damages — a total of $92,500.

How Courts Assess Damages

Damages for intentional torts involving privacy violations are fundamentally different from damages in ordinary personal injury claims. The purpose is to compensate victims for the loss of privacy, dignity, autonomy, reputation, and emotional well-being caused by the disclosure. Damages must not be set so low that a wrongdoer can effectively purchase an inexpensive licence to ruin another person's life.

When determining damages, courts may consider:

the nature of the information disclosed;
whether the plaintiff was identifiable;
the number of images or disclosures;
the duration of the publication;
the method of publication;
the relationship between the parties;
the vulnerability of the victim; and
the defendant's conduct before and after the disclosure.

Publication on the internet creates particularly serious harm because images can be copied, downloaded, shared, and reposted indefinitely. Even where the original posting is removed, victims often have no way of knowing who viewed the images or whether they continue to circulate online.

Aggravated Damages

Aggravated damages may be appropriate where the defendant's conduct is particularly humiliating, malicious, reckless, or high-handed and causes additional emotional harm beyond the damage already compensated through general damages. However, courts must avoid double compensation — aggravated damages will only be awarded where there is evidence of additional harm not already reflected in the general damages award.

Key Takeaways

Victims May Pursue Civil Compensation. A criminal conviction does not prevent a victim from bringing a separate civil claim.
The Harm Is Inherently Serious. Courts recognize that unauthorized sharing of intimate images causes significant harm to privacy, dignity, and autonomy.
Expert Evidence Is Helpful but Not Always Necessary. A plaintiff's own evidence regarding the impact may be sufficient.
Internet Publication Creates Lasting Consequences. The ability of online content to spread rapidly is a significant factor in assessing damages.

What Should You Do If Your Intimate Images Have Been Shared?

Preserve screenshots, messages, emails, and website links;
Report the content to the platform hosting the images;
Consider contacting law enforcement;
Avoid engaging with the person responsible if doing so may place you at risk; and
Obtain legal advice as quickly as possible.

If intimate images or personal information have been shared without your consent, legal remedies may be available to help protect your rights and seek compensation for the harm suffered. Contact our office to discuss your situation in confidence.

Talk through your situation with our team

This article is general information about Alberta family law, not legal advice. Every family is different — book a free 30-minute consultation and we'll walk through how the law applies to you.

Book a free consultation →

More blogs

Family Violence\ \ Supreme Court of Canada Recognizes New Tort of Intimate Partner Violence: Ahluwalia v Ahluwalia Property Division\ \ Who Gets the Pet After Separation? Alberta Confirms It's Not About the "Best Interests of the Cat" Parenting\ \ Can Children Have Counsel? Independent Counsel for Children in DCE v DE, 2021 ABQB 909

Can I Sue Someone for Sharing Intimate Images Without My Consent? Alberta Court Awards $92,500 | Stokes Law Family