Safety & HCM Post

Defendant’s Bankruptcy Doesn’t Stop Female Employees’ Revenge Porn Lawsuit

Imagine the horror these female employees must have experienced when the police notified them that somebody had secretly videotaped them in the ladies’ room at work and posted the images on a revenge porn site. The victims filed a class action suit against the employer and the manager they were convinced did the taping, a former assistant manager with a history of problematic behaviour to women and an arrest for voyeurism. But the case had to be put on hold when the manager filed for bankruptcy. The victims asked the court to lift the bankruptcy “stay” and allow the case to proceed, something courts are generally very reluctant to do. But this time the court made an exception citing the evidence against the manager, the gravity of the harm and the fact that if he was found guilty, the damages he’d owe the victims would be a debt that would probably continue even after bankruptcy [Burke v Red Barn at Mattick’s Ltd.,2019 BCSC 69 (CanLII), Jan. 22, 2019].

Bongarde Editorial

Bongarde Editorial

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