The BC Civil Resolution Tribunal (CRT) has ruled in favour of a woman whose intimate images were shared online by her former boyfriend without consent. The tribunal awarded the woman $5,000 in damages under the Intimate Images Protection Act (IIPA), according to a decision posted by the tribunal yesterday.
The applicant, whose identity is protected under a publication ban, brought the claim against a BC man named Miguel Luis Cogtong, alleging he shared her intimate images on Facebook. Despite Cogtong’s denial, the Tribunal’s Vice Chair, Kate Campbell, found sufficient evidence to support the applicant’s claims.
The tribunal examined evidence, including screenshots of Facebook posts linked to Cogtong’s account, text messages from him containing the images, and messages from a friend confirming the posts. Campbell concluded that Cogtong had shared the intimate images without the applicant’s consent, constituting a violation of the IIPA.
The tribunal acknowledged the applicant’s distress and anxiety caused by the incident, which reportedly led to panic attacks and affected her ability to work. While the applicant did not claim lost wages, the tribunal awarded non-pecuniary damages, emphasizing the serious violation of privacy involved in the non-consensual sharing of intimate images.
“Non-pecuniary damages address this harm by providing solace to the person’s pain, suffering, and loss of enjoyment of life, and vindicating the plaintiff’s dignity and personal autonomy,” Campbell wrote in her decision.
In keeping with the IIPA, the applicant’s identity is protected under a publication ban. However, the tribunal declined Cogtong’s request for anonymization, citing the open court principle and the absence of mandatory confidentiality for respondents under the IIPA. The tribunal emphasized the importance of transparency and accountability in justice system proceedings.
