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ARTICLE · 02 FEBRUARY 2021

Internet Harassment Tort Recognized By Ontario Superior Court Of Justice

Gardiner Roberts LLP
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Cyber-stalking and anonymous malicious postings on the internet, which may be disseminated across a variety of sites and platforms across the world...

CanadaLitigation, Mediation & Arbitration
James R.G. Cook
James R.G. Cook
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Cyber-stalking and anonymous malicious postings on the internet, which may be disseminated across a variety of sites and platforms across the world, are issues to which the traditional law of defamation has been slow to adapt. As noted by Justice D.L. Corbett in Caplan v. Atas, 2021 ONSC 670, paras 4-5:

Freedom of speech and the law of defamation have developed over centuries to balance the importance of preserving open public discourse, advancing the search for truth (which must allow for unpopular and even incorrect speech), protecting personal reputations, promoting free democratic debate, and enforcing personal responsibility for statements made about others. The value of freedom of speech, and the need for some limits on that freedom, have long been recognised as central to a vibrant and healthy democracy and, frankly, any decent society.

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