Canadian Journal of Law and Technology


Intimate Images and Cyber-protection Act, Cyber-safety Act, Candelora v Feser, 2019 NSSC 370, cyber-bullying, online expression


There is now a reported decision under Nova Scotia’s new Intimate Images and Cyber-protection Act,1 which came into force in July 2018 after the previous legislation, the Cyber-safety Act,2 was struck down as unconstitutional.3

The case, Candelora v. Feser,4 was set against the backdrop of a bitter family law dispute. Dawna Candelora (the Applicant), alleged that her former spouse Trevor Feser and his new partner Sonia Dadas (the Respondents) were cyber- bullying her through an unrelenting stream of negative Facebook posts.

Justice Joshua Arnold of the Supreme Court of Nova Scotia found that the Respondents had engaged in cyber-bullying and issued an order requiring them to, among other things, remove the offending Facebook posts.

Before discussing the case in more detail, this commentary will first look at the Intimate Images and Cyber-protection Act to see if it solves some of the problems of the Cyber-safety Act. The concluding section will discuss what the New Act means for access to justice for people harmed by online expression.