Aubry v. Éditions Vice-Versa Inc.

1 S.C.R. 591, 157 D.L.R. (4th) 577, 78 C.P.R. (3d) 288 (1998)

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Aubry v. Éditions Vice-Versa Inc.

Canada Supreme Court
1 S.C.R. 591, 157 D.L.R. (4th) 577, 78 C.P.R. (3d) 288 (1998)

Facts

Gilbert Duclos (defendant) was a photographer. Duclos photographed a teenager, Pascale Claude Aubry (plaintiff) without her knowledge or permission while she was sitting on the steps of a building in Montreal. Éditions Vice-Versa Inc. (publisher) (defendant) published the photograph in an arts magazine, and Aubry learned about its publication from a friend who saw the magazine and recognized Aubry. Aubry’s schoolmates taunted her about the photograph. Aubry sued in the Court of Quebec for $5,000 in compensatory damages and $5,000 in punitive damages. Duclos and the publisher argued that the photograph’s publication should be protected because of its artistic value. The trial court found for Aubry and awarded her $2,000 for invasion of privacy and injury to her reputation, but because the photograph was not defamatory and the trial court did not find that the defendants acted with malice, the trial court did not award punitive damages. The matter was appealed to the Quebec Court of Appeal, which affirmed the trial court’s decision. Duclos and the publisher appealed to the Canada Supreme Court, arguing that there was no causal connection between the photograph and the damages.

Rule of Law

Issue

Holding and Reasoning (L’Heureux-Dubé, Bastarache, J.J.)

Dissent (Major, J.)

Dissent (Lamer, C.J.)

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