Candelora v. Feser

Ananya DixitCase Summary

Candelora v. Feser
2020 NSSC 177
In the Supreme Court of Nova Scotia
Hfx No. 483401
Before Justice Joshua M. Arnold
Decided on June 6, 2020

Relevancy of the case: Cyber-bullying campaign as a coercion to withdraw legal proceedings.

Statutes and Provisions Involved

  • Intimate Images and Cyber-protection Act Ā§Ā§ 5, 8.

Relevant Facts of the Case

  • The applicant and her former husband, Mr. Feser, were involved in a custody, access, and child support dispute.
  • The respondent and his wife, Ms. Dadas, engaged in an active campaign of cyber-bullying against the applicant.
  • The objective of the cyber-bullying campaign was to intimidate the applicant and coerce her into withdrawing the legal proceedings.
  • The campaign primarily consisted of a relentless stream of malicious and hostile Facebook posts.

Prominent Arguments by the Counsels

  • The petitionerā€™s counsel has asked for $75,000 in punitive damages, $200,000 in aggravated damages, and $350,000 in general damages.
  • Based on their understanding of the Act’s goals, the respondentsā€™ counsel argues that damages should be restricted to the amount of a quasi-criminal fine. According to them, damages should not exceed $5,000, as specified in Section 11. The counsel further argues that general damages should not exceed $2,000 and that neither aggravated nor punitive damages should be granted.

Opinion of the Bench

  • The Court disagrees about the fact that aggravated damages would unnecessary in a damage claim made in accordance with the Act.

Final Decision

  • The Court ordered general damages to the tune of $50,000, aggravated damages oof $20,000 and punitive damages of $15,000, joint and severally against the respondents.

Sreekutty R, an undergraduate student at National Law University Odisha, prepared this case summary during her internship with The Cyber Blog India in May/June 2023.

Risha Thomre Rajani, an undergraduate student at NMIMS Kirit P. Mehta School of Law, Mumbai, prepared this case summary during her internship with The Cyber Blog India in May/June 2023.