Thompson Rivers University

BC Supreme Court cites TRU Law alum and professor

  Posted on: June 3, 2022

Chris Hunt

An article written by a TRU Law faculty member and an alum has been cited by the BC Supreme Court.

In Douez v Facebook Inc, 2022 BCSC 914, the court certified a class action on behalf of Facebook users for tortious invasion of privacy. One issue concerned the defense of consent.

BC Supreme Court Justice Nitya Iyer endorsed an argument by TRU Law Professor Chris Hunt and TRU Law alum Nikta Shirazian in their paper, “Canada’s Statutory Privacy Torts in Commonwealth Perspective (2016),” Oxford University Comparative Law Review 3, that the onus should be on the defendant to raise consent as a defense, rather than on the plaintiff to prove the absence of consent.