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October 2023

Can you sue over shared nude photos?

By Family law, Litigation
The distribution of nude photos, legally known as intimate images, without consent is a distressing and violating experience. If you’re currently facing this situation, it’s only natural to feel betrayed, devastated, and uncertain about what steps to take to protect your privacy. So, can you sue for the nonconsensual distribution of intimate images in Canada? The clear and comforting answer is, absolutely, yes.

Consent Is Key

In the context of privacy laws, consent is paramount. Everyone has a right to control how, when, and where their personal information, including intimate images, is shared. Spreading intimate images without consent is not only ethically reprehensible, it’s also illegal in Canada. This form of so-called ‘revenge porn’ can have severe emotional, psychological, and social impacts on victims.

The Criminal Part

In 2014, Canada enacted Bill C-13, otherwise known as the Protecting Canadians from Online Crime Act. This bill criminalized the non-consensual distribution of intimate images. Punishable under the Canadian Criminal Code, individuals found guilty could face up to five years in prison.
While criminal charges can give a sense of justice to victims, they may not address the emotional damage and personal trauma inflicted by such violations. Here is where the Canadian civil law can step in, allowing victims to seek damages—both compensatory and punitive—to help mitigate the aftermath of the nonconsensual distribution of intimate images. The Government’s page on it can be found here.

Constructing a Civil Case

In the civil context, the tort of ‘Intrusion Upon Seclusion,’ confirmed by the Ontario Court of Appeal in Jones v. Tsige (2012), plays a critical role. Although this case didn’t involve intimate images, it set a precedent by recognizing the claim for damages under instances of invasion of privacy. More recently, the Ontario Superior Court extended this tort to create a new one: ‘Public Disclosure of Embarrassing Private Facts.’ In Doe 464533 v. N.D. (2016), the claimant sought and was initially awarded damages in total of $141,708.03 after a default judgment for the nonconsensual distribution of intimate images, when the defendant refused to participate in the Court process (the default judgment was subsequently set aside after a motion by the defendant). Manitoba has passed specific legislation called The Intimate Image Protection Act that lays out specifically some of the supports available to people who have had their intimate images shared. It also sets out how those people can sue the ones who distributed them.
You don’t need to prove that there was any damage and it’s important to remember that you do not lose the right to sue just because you consented to the images being made at the time. 

Seeking Legal Help

If you find yourself in this heartrending situation, please know that you’re not alone. The emotional toll from these events can be overwhelming, and having an advocate to lean on during this time can be incredibly comforting. Most importantly, they will help ensure the legal process serves your best interest.Remember, laws are there to protect you. With your lawyer’s help, you can fight for your right to privacy, seek the justice you deserve, and take important steps toward healing.

Final Thoughts

In the face of such intimate violation, you might feel vulnerable and powerless. But rest assured, Canadian and Manitoba laws give you the right to fight back against the nonconsensual distribution of private images. This issue, and the harm it brings, is taken very seriously. With the right legal guidance, you can bring this to the court, seeking compensation for your suffering and, more importantly, reclaiming your sense of control and dignity.In closing, please remember two important facts – you are not alone, and you are not powerless. You have the law on your side, and we are here and willing to help you find your way through this challenging time.

Why should I incorporate my business?

By Commercial

Incorporating your business can be an important step in your business development. Incorporation gives
you a number of benefits that may make running your business easier and more secure. These include
reducing liability, reducing taxes, and being eligible for government grants and tax credits.

Reducing Liability

Reducing liability means that, as a shareholder and director of your corporation, you are not personally
responsible for the debts of the corporation. If something goes wrong in your business and someone
sues you for damages–or if creditors try to collect debts from the corporation–they cannot go after your
assets or personal income; they can only go after what's in the company bank account (except in certain

Reduced Risk

In addition to limiting personal liability, incorporating also reduces risk because it can give companies
access to certain grants, larger loans and tax credits when they need it most: during times when growth
seems impossible due to lack of capital; or when competition is fierce due primarily to larger companies
having deeper pockets than smaller ones do.

Reducing Taxes

Another benefit of incorporation is that it allows you to reduce your tax burden. Corporate tax rates are
lower than personal income tax rates in Canada, so incorporating can help you save money on your
taxes by allowing the company to pay less than what you would have had to pay if you were an

Income Splitting

Income splitting is a tax-saving strategy that allows you to transfer income to family members who are
in lower tax brackets. This can be done by making payments or giving property to your immediate family
(parent, child, or sibling), or by transferring shares of your corporation's capital stock to them. Your
spouse or common-law partner must have been living with you for the entire year and have been a
resident of Canada for income tax purposes.

Capital Gains Exemption

One of the primary benefits of incorporation is the ability to take advantage of capital gains exemptions.
In most provinces, if you sell a business that has been operating for at least two years and does not have
any inventory or real estate holdings, then you can avoid paying some or all of the taxes on your profits
from selling it. This exemption is not available to sole proprietorships or partnerships; only corporations
are eligible for this type of tax break.
If you want to use this exemption while selling your company in order to avoid paying taxes on its sale
price (and thus keep more money), there are some requirements:

  • The corporation must have been established at least two years prior to its sale date;
  • 50% of the corporation’s assets must be used in active business operations during those two years; and
  • 90% of the corporation’s assets must be used in active business operations at the time thecorporation is sold.

Perpetual life of the corporation

Another important benefit of incorporation is that it allows a business to continue to exist after its
founders have died.

A corporation has perpetual life, which means that it will live on even if all shareholders die or sell their
shares. This can be very useful in situations where there are multiple people owning shares in a
company and one of them dies without leaving instructions for how his or her portion should be
handled upon death.

Funding Eligibility and Tax Credits

If you’re looking to secure funding, incorporating can be a great way to increase your chances. Some
government programs are limited to corporations and partnerships. If you want to apply for these, you'll
need to incorporate first.

For example, if you want to apply for a Small Business Venture Capital Tax Credit from the Manitoba
Government, which provides for up to a 45% tax credit, then you have to incorporate; this is because
only Canadian Controlled Private Corporations, among other criteria, are eligible.


If you are looking to incorporate your business, the reasons above are some of the most important.
Incorporation can be an important step in your business development, and it can attract investors and
allow for additional government support. If you have any questions, please contact our office, and ask to
speak to a member of our Corporate Team.