"The Court’s reference to awarding the plaintiff their “entire annual income for one or more years” has, unfortunately, sometimes been read as if it allows a court to arbitrarily assign an amount for the plaintiff’s loss. At trial, the defendant’s suggestion that an award of a year or two years’ salary would be appropriate appears to me to stem from a misunderstanding of Pallos. While a court can quantify the plaintiff’s damages for loss of future earning capacity in that way, it is required to carefully consider the evidence, and come to a fair assessment of the plaintiff’s loss."

It may be that in a bygone era, a legal claim to privacy could be seen as an unnecessary concession to those who were reclusive or overly sensitive to publicity, though I doubt that that was ever an accurate reflection of reality. Today, personal data has assumed a critical role in people’s lives, and a failure to recognize at least some limited tort of breach of privacy may be seen by some to be anachronistic.

For that reason, this Court may well wish to reconsider (to the extent that its existing jurisprudence has already ruled upon) the issue of whether a common law tort of breach of privacy exists in British Columbia.

The interesting question of whether the law needs to be rethought will have to await a different appeal.

The PPPA was a legislative response to what have been referred to as strategic lawsuits against public participation (“SLAPPs”). SLAPPs are lawsuits initiated against individuals or organizations that speak out or take a position on issues of public interest—with the intention being to silence or otherwise deter that party from participating in public affairs. To mitigate SLAPPs harmful effects, Ontario, British Columbia, and Quebec have enacted laws commonly referred to as anti-SLAPP legislation.

Another estate litigation case; another daughter fighting for a fair inheritance.

The Court varied some portions of the prenuptial agreement stating that the Trial Judge in this matter failed to account for the unforeseen extraordinary rise in value of the parties’ home over the marriage.