A new and debated online harassment tort has been introduced in the recent case Caplan v Atas, 2021 ONSC 670. Highlighting the “inadequacies in current legal responses”, this case is an extreme instance of relentless and malicious cyber stalking. Although a finding of defamation would have yielded similar remedies, the Honourable Justice Corbett’s decision set a higher threshold for those instances where the conduct goes “beyond all reasonable bounds of decency and tolerance”. As the Respondent was found to repeatedly ignore Court Orders, Justice Corbett ordered a permanent injunction and vesting title to the Respondent’s posts to ensure that the content could be removed.
Check out the full case on CanLii here: https://canlii.ca/t/jcwcm
Ronald S. Foster, Q.C. Senior Counsel
Family Law Solutions, Foster Dickson O’Brien
1400, 350 7th Avenue SW, Calgary Alberta T2P 3N9
T 587 315 6491