“In a landmark decision in Caplan v Atas, 2021 ONSC 670 (the ‘Decision’), the Superior Court of Justice recognized the common law tort of internet harassment – proclaiming itself the first common law court outside of the US to recognize the tort. Justice Corbett went on to grant a novel remedy that appears to envision transferring the defendant’s title and ownership of the offending posts and/or accounts to the plaintiffs for the purpose of removing the offending content from the internet. In a case involving decades of extraordinary online abuse by a uniquely recalcitrant plaintiff, the Court was moved to recognize the new tort and grant a novel remedy …” (more)
[Gillian P Kerr, William Main, Charlotte-Anne Malischewski and Pippa Leslie, McCarthy Tétrault, 8 February]
First posted 2021-02-09 08:44:53
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