On September 11th the Ontario Small Claims Court dismissed a motion to strike a privacy claim brought by a police officer who was video recorded in the course of his duties.
The individual defendant was arrested by the officer. He recorded the arrest on video and published a video called “Arrested riding my E-Bike” on YouTube, who allegedly did not take the video down when contacted by the plaintiff.
YouTube brought the motion to strike. The Court dismissed it because YouTube did not meet the relatively onerous requirement to strike an Ontario small claims action. After referring to the Court of Appeal for Ontario decision in Jones v Tsige, the Court said, “I find that the plaintiffs [sic] claim does in fact disclose a reasonable cause of action and is not inflammatory, a waste of time, a nuisance or an abuse of the court process.”
Vertolli v YouTube LLC,  OJ NO. 4275 (SCJ) (QL).