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ARTICLE · 28 SEPTEMBER 2023

Beware: New Tort Of Harassment In Alberta

Lawson Lundell LLP
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Mr. Johnston strongly opposed public health orders during the COVID-19 pandemic and persistently made vicious statements about AHS and its employees.

CanadaEmployment and HR
Nicole Skuggedal
Nicole Skuggedal
Deborah Cushing
Deborah Cushing
Madison Dutkiewicz
Madison Dutkiewicz
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In Alberta Health Services v. Johnston, 2023 ABKB 209, the Alberta Court of King's Bench identified a new tort of harassment in response to a Calgary mayoral candidate and talk show host, Kevin Johnston, spreading "misinformation, conspiracy theories, and hate" against Alberta Health Services (AHS) and AHS employees during the COVID-19 pandemic.

The tort of harassment is made out in circumstances where a defendant has:

  1. Engaged in repeated communications, threats, insults, stalking, or other harassing behaviour in person or through other means;
  2. That they knew or ought to have known was unwelcome;
  3. Which impugn the dignity of the plaintiff, would cause a reasonable person to fear for their safety or the safety of their loved ones, or could foreseeably cause emotional distress; and

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