The Ontario Court of Appeal decision is a useful elaboration of the Supreme Court's decision in R. v. Jarvis, 2019 SCC 10, 52 C.R. (7th) 62 (S.C.C.), articulating the requirements for the Criminal Code's voyeurism offence. Given the interpretation of "reasonable expectation of privacy" in that case as "being observed in a manner one would reasonably not expect", it can be no surprise that the complainant here was found to have a reasonable expectation of privacy. Indeed, even without Jarvis, it is very difficult to see how a person who is, without their knowledge, video recorded while having sexual activity could be said not to have had their privacy invaded.