What is the current state of the law in Canada on the right to use an image of a person without consent?

Ontario, Canada


The following excerpt is from Vanderveen v Waterbridge Media Inc., 2017 CanLII 77435 (ON SCSM):

Along the same line of legal reasoning L’Heureux‑Dubé J. and Bastarache J., writing for the majority, wrote the following: “Since the right to one’s image is included in the right to respect for one’s private life, it is axiomatic that every person possesses a protected right to his or her image. This right arises when the subject is recognizable. There is, thus, an infringement of the person’s right to his or her image, and therefore fault, as soon as the image is published without consent and enables the person to be identified. See Field v. United Amusement Corp., [1971] C.S. 283.”

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