sharing of a photo or recording of someone who did not want to
share it with anyone else.
 To establish liability, the plaintiff must therefore prove that
(a) the defendant publicized an aspect of the plaintiff’s private life;
(b) the plaintiff did not consent to the publication;
(c) the matter publicized or its publication would be highly
offensive to a reasonable person; and
(d) the publication was not of legitimate concern to the public.
 Jane has proved all of the elements of the tort. In posting
the sexually explicit video of her, N.M. publicly disclosed an aspect
of her private life. She did not consent to this. A reasonable person
would consider the posting of the video highly offensive, because
the video showed Jane’s face and body and allowed strangers to see
her engaged in sexual activity. The title given to the posting was
also degrading and racist. There was nothing about the video that
gave the public a legitimate interest in its publication.
 I accordingly conclude that N.M. is liable to Jane for his
public disclosure of her private information.
(4) Can Jane recover damages for breach of confidence or
intentional infliction of mental distress even though these
causes of action are not mentioned in her statement of claim?
 On the motion for default judgment, Jane’s counsel asked
that I also find N.M. liable for breach of confidence and intentional infliction of mental distress as a result of his posting of the
sexually explicit video. In Jane Doe 464533, Stinson J. found the
defendant liable for all three torts.
 In her statement of claim, Jane does not plead that N.M.
is liable for breach of confidence or intentional infliction of mental distress. Relying on Watson v. TrojanOne Ltd., however, her
counsel says that this omission does not matter so long as the
constituent elements of each tort are alleged.40
 I am not sure that Watson v. TrojanOne stands for the
broad proposition that a plaintiff may seek default judgment for
causes of action that are not mentioned in the statement of claim.
Even if it does, any claim by Jane for these additional causes of
action cannot succeed, because she has not alleged all of the
essential elements of each tort.
40  O.J. No. 2146, 2016 ONSC 2740 (S.C.J.) (“Watson v. TrojanOne”),
at paras. 9 and 10.