In Caplan v. Atas (Caplan), Justice Corbett of
the Ontario Superior Court of Justice (Court) granted the
plaintiffs' motions for summary judgment and default judgment,
concluding that the defendant carried out egregious online
campaigns of malicious harassment and defamation against the
plaintiffs, their families and their associates over many years.
Finding defamation law insufficient to address the defendant's
persistent and repetitive conduct, and in the absence of
legislation to address the issue, the Court held it was time to
recognize a tort of internet harassment.
THE BACKGROUND
Caplan dealt with four lawsuits against the defendant,
Nadire Atas, claiming defamation and harassment. At issue were
thousands of anonymous internet posts, published over many years on
multiple online forums, accusing the plaintiffs, their family
members, friends and associates of engaging in professional
misconduct, fraud and sexual criminality.
