ARTICLE
2 April 2026

Absolute Privilege Or Absolute Overreach: The Sex Tape That Broke Litigation Immunity (Podcast)

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Gardiner Roberts LLP

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Gardiner Roberts LLP is a full-service law firm representing a bespoke client base, including major banks, municipalities, government entities, entrepreneurs, tech and growth companies, real estate developers, lenders, investors, innovative and community leading businesses and organizations.
Stephen Thiele and Gavin Tighe unpack a shocking case where a surreptitious sex tape made its way into a family law proceeding, raising serious legal and ethical questions.
Canada Family and Matrimonial
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A hidden camera, a secret recording, and a courtroom showdown.

Stephen Thiele and Gavin Tighe unpack a shocking case where a surreptitious sex tape made its way into a family law proceeding, raising serious legal and ethical questions.

What begins as an acrimonious separation quickly escalates into a debate about privacy, voyeurism, and the limits of legal protection under the doctrine of absolute privilege.

They explore whether lawyers can be held accountable for distributing deeply personal and arguably irrelevant material in court, and how the justice system balances open litigation with protecting individuals from harm.

With sharp insights and candid commentary, this "spicy" episode dives into the intersection of family law, professional conduct, and privacy rights, leaving listeners questioning where legal immunity should end.

Listen For:

1:47 What is the doctrine of absolute privilege and how does it protect conduct in legal proceedings?

7:36 Why did the first instance judge refuse to strike the claim against the lawyers?

10:36 What makes this case so remarkable in terms of how the lawyers handled the evidence?

16:52 Can opposing lawyers ever owe a duty of care to the other side in a lawsuit?

19:48 Should personal cost awards against lawyers be the remedy when advocacy crosses the ethical line?

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