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ARTICLE · 09 JUNE 2023

New Tort Of Harassment In Alberta

Osler, Hoskin & Harcourt LLP
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Justice Colin Feasby of the Court of King's Bench established a new tort of harassment in the province of Alberta through his decision in Alberta Health Services v Johnston, 2023 ABKB 209.

CanadaEmployment and HR
Paulina Brittner
Paulina Brittner
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Justice Colin Feasby of the Court of King's Bench established a new tort of harassment in the province of Alberta through his decision in Alberta Health Services v Johnston, 2023 ABKB 209. This case arose as a result of former mayoral candidateKevin Johnston's highly publicized harassment against Alberta Health Services (AHS) employees during the height of the COVID-19 pandemic.

The new tort of harassment requires a four part test. The tort is made out where a defendant has:

  1. Engaged in repeated communications, threats, insults, stalking or other harassing behavior 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 the plaintiff's safety or the safety of the plaintiff's loved ones, or could foreseeably cause emotional distress, and

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