Employees of a Red Barn grocery store have filed a civil suit against a former coworker alleging illicit images of women were captured by a camera stationed in the washroom. Travis Paterson/News Staff

Employees of a Red Barn grocery store have filed a civil suit against a former coworker alleging illicit images of women were captured by a camera stationed in the washroom. Travis Paterson/News Staff

Lawsuit moving ahead for women filmed in grocery store bathroom

Employee of Red Barn Market in Saanich shared secret ‘bathroom’ images of coworkers online

A B.C. Supreme Court announcement is supporting a civil suit led by two former employees of the Red Barn Market at Mattick’s Farm, who are seeking damages from a former coworker that secretly recorded them, and other women, using an employees-only washroom.

The claim is from Mallory Colter and Jennifer Burke and represents at least six more women. It alleges Matthew Schwabe, a former employee of Red Barn Market, set up a video camera in the washroom during various times between 2009 and 2014. The plaintiffs were “recorded while changing and toileting,” which resulted in “explicit images and identifying information” shared to an unknown extent.

READ MORE: Saanich grocery story employees file suit against peeping Tom

Early in 2016 Saanich Police approached the complainants and made them aware that their images were showing up on a “revenge porn” website, on a Russian porn site, and are believed to have been shared with other websites as well. At the time, Colter was shown the images of six more people which she immediately identified as five other Red Barn employees.

Schwabe was also noted in the court document for exposing himself to a former female Red Barn employee during an early morning shift, which went unsanctioned.

Schwabe worked at the Cordova Bay store from 2009 until sometime between 2014 and 2016. His property was searched during a 2016 arrest by Saanich Police, which led to a continued investigation, although he was released at the time.

This week Justice Brian MacKenzie supported the class action suit in moving forward.

Among Colter and Burke’s chief concerns are acquiring the images and videos that were recorded and possibly shared. The group included a specific request to access those images from the Saanich Police, which the court upheld (and which the Saanich Police is complying with, having asked for 60 days to do so).

Colter and Burke are particularly upset that they and the other victims do not yet know the extent of the images shared.

“There could be dozens of people filmed,” Burke said last year. “The videos were taken in a space [people] believed was private and ought to have been private,” added Colter.

This week’s court document noted Schwabe has since filed bankruptcy but the judge questioned whether the bankruptcy is warranted to protect him from such a crime.

reporter@saanichnews.com


Like us on Facebook and follow us on Twitter

Just Posted

Ancient Forest Alliance campaigner Andrea Inness walks beside an enormous western red cedar stump in a BCTS-issued cutblock in the Nahmint Valley. (PHOTO COURTESY TJ WATT)
Watchdog: logging practices put Vancouver Island old growth, biodiversity at risk

Forest Practices Board has issues with BC Timber Sales practices in Nahmint Valley near Port Alberni

Saanich police reported an increase in violent crimes and a drop in traffic incidents in the first three months of 2021 compared to the final quarter of 2020. (Black Press Media file photo)
Saanich police report increase in violent crimes during first quarter of 2021

More domestic violence, less property crime and distracted driving compared to end of 2020

Donna Brower (left) and her daughter Carol Anne Penner, members of the Silver Swans – a quilting group of 12 ladies who meet at the Swan Lake Christmas Hill Nature Sanctuary – with a mountain of masks they sewed. (Photo submitted by Julia Dawson)
Saanich quilting group nabs first prize in Volunteer BC photo contest

Silver Swans sewing club raised more than $12,000 for Swan Lake nature sanctuary

Greater Victoria is ranked fourth out of 27 Canadian cities for the best places for youth to work in, according to a RBC report. (Black Press Media file photo)
Greater Victoria among best Canadian cities for youth to work in, says RBC report

Region ranked fourth out of 27, behind Vancouver, Hamilton and Edmonton

On May 10, Saanich council unanimously approved a 2020 budget with a 5.76 per cent property tax increase. (Devon Bidal/News Staff)
Saanich adopts 5.76% property tax hike for 2021

Budget includes $2.6 million to accelerate climate actions, active transportation targets

Marc Kielburger, screen left, and Craig Kielburger, screen right, appear as witnesses via video conference during a House of Commons finance committee in the Wellington Building in Ottawa on Tuesday, July 28, 2020. The committee is looking into Government Spending, WE Charity and the Canada Student Service Grant. THE CANADIAN PRESS/Sean Kilpatrick
BREAKING: Trudeau didn’t violate conflict rules over WE Charity

Federal ethics commissioner Mario Dion found that former finance minister Bill Morneau did violate the rules

Erik Christian Oun, who worked for the Coquitlam school district, has had his teaching licence suspended for half a year. (Pixabay)
Coquitlam teacher suspended after calling students ’cutie, ‘’sweetheart’ in online messages

Erik Oun’s licence has been suspended for half a year, a decision made by the B.C. Commissioner for Teacher Regulation

An Israeli attack helicopter launches flares as he flies over the Israeli Gaza border, southern Israel, Thursday, May 13, 2021. (AP Photo/Ariel Schalit)
Singh calls for halt on Canadian arms sales to Israel as violence escalates in region

Government data shows Canada sent $13.7 million in military goods and technology to Israel in 2019

Scenes like this one in the dugout are all too frequent for parents and kids arriving to play baseball at Nunns Creek Park these days, spurring a request to the city to let them move to the Sportsplex in Willow Point. Photo from CRMB presentation to City of Campbell River
Needles, feces and the unhoused send Island kids baseball program to greener pastures

Campbell River minor baseball program switches ballparks over growing safety concerns

New homes are built in a housing construction development in the west-end of Ottawa on Thursday, May 6, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Budget’s foreign-homebuyers tax could bring in $509 million over 4 years, PBO says

Liberals are proposing a one per cent tax on vacant homes owned by foreign non-residents

A Canadian flag patch is shown on a soldier’s shoulder in Trenton, Ont., on Thursday, Oct. 16, 2014. The Canadian Forces says it has charged one of its members in the death of an army reservist from British Columbia during a training exercise at a military base in Alberta last year. THE CANADIAN PRESS/Lars Hagberg
Canadian Forces member charged in death of army reservist during training exercise

Cpl. Lars Callsen has been charged with one count of negligence

Health Minister Adrian Dix looks during a press conference in the rotunda at Legislature in Victoria, B.C., on Wednesday May 6, 2020. THE CANADIAN PRESS/Chad Hipolito
B.C. to use remaining AstraZeneca vaccine for 2nd doses

Health officials say the change is due to the limited availability of the vaccine

A youth plays basketball in an otherwise quiet court in Toronto on Saturday April 17, 2021. The Canadian Civil Liberties Association is urging the federal and provincial governments to fight COVID-19 pandemic by focusing on proven public health policy interventions including paid sick leave, and education rather than punitive enforcement measures. THE CANADIAN PRESS/Chris Young
Provinces issued more COVID-19 tickets during 2nd wave: CCLA report

‘A pandemic is a public health, not a public order, crisis,’ reads the report

Most Read