"Our position is they freely consented and knew what was going to happen when
the video was shown," said Oshean's lawyer, David Guttman.
In an affidavit filed earlier this month, Burgoyne said she believed the video
was recorded only for the personal use of both couples. Burgoyne and Gordon
claim they have suffered humiliation and embarrassment and their privacy was
violated.
Burgoyne and Gordon were suspended by Manitoba Justice on Dec. 28 after word
spread of the video. The pair was reinstated Jan. 8 and immediately went on
stress leave. They returned to work last week.
Last month, Oshean temporarily removed the offending video after the couple
filed a motion asking for its removal from Oshean's website. A hearing to
decide whether the video should be permanently removed will be held next month.
