B.C.’s Civil Resolution Tribunal has dismissed the complaint of a woman who alleged her female roommate threatened to share an image of her online.
KO alleged ZWH had threatened to share intimate images without her consent (the parties’ names have been changed for privacy reasons). She sought $5,000 compensation under B.C.’s Intimate Images Protection Act.
ZWH, however, denied she took or shared any such images, tribunal vice-chair Kate Campbell said in a Jan. 17 decision.
KO said the two lived in shared accommodation and that they had had a disagreement about whether or not KO was making noise, including in the bathroom or shower. KO alleged ZWH took videos of her while in the shower for evidence in a possible future legal proceeding about the noise dispute.
ZWH admitted to taking the video but said KO was brushing her teeth while fully clothed.
Campbell found there was no evidence before her that ZWH had taken an intimate image of KO.
Campbell said in order to do that, KO would have to prove the video showed her in a sexual act, nude or nearly nude or exposing her genitals, anal region or breasts.
She said KO had said in an email exchange with ZWH that the video showed her “half naked.”
Campbell said that was inconsistent with KO’s complaint that ZWH had recorded her showering, “as one typically does not shower ‘half naked.’”
The tribunal member also found no evidence ZWH had threatened to share the video.
Campbell dismissed the complaint and ordered the records sealed.
