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Giller v Procopets (2008) 24 VR 1

Facts: The parties recorded sex tapes consensually. The respondent later threatened the appellant he would reveal the films and videos to her friends and relatives with the intention of causing her harm and public embarrassment (i.e. revenge porn). He went ahead and presented some of the tapes to family and friends.


Held (VCA): Granted $40,000, comprising $10,000 for aggravated damages (for humiliation) and $30,000 for compensatory damages. 


Note: Equity cannot grant exemplary damages, but can give aggravated damages (aggravated damages are still compensatory). 

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