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ARTICLE · 10 MARCH 2021

Extraordinary Circumstances Call For Extraordinary Remedies

Stringer LLP
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In Caplan v Atas, 2021 ONSC 670, following a series of protracted, abhorrent campaigns of harassment and defamation committed by the defendant, the Ontario Superior Court of Justice expanded the common law in Ontario ...

CanadaEmployment and HR
Jeremy Schwartz
Jeremy Schwartz
Daniel Gaspar
Daniel Gaspar
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In Caplan v Atas, 2021 ONSC 670 ("Caplan"), following a series of protracted, abhorrent campaigns of harassment and defamation committed by the defendant, the Ontario Superior Court of Justice (the "Court") expanded the common law in Ontario by recognizing a new tort: harassment in online communications.

After a lengthy discussion of the extraordinary facts underlying the case and an analysis of the existing tort law framework in Ontario, the Court reasoned that the circumstances warranted an expansion of the law to address and remediate the growing prevalence of online harassment, bullying, defamation, and cyber-stalking. What resulted is the recognition of a new source of liability and the potential for creative remedies to address extreme conduct in the increasingly online and digitized society in which we live.

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