Tort of Harassment

In Saskatchewan, the courts have so far declined to rule that the tort of harassment exists. Instead, it is viewed here as a possible aspect of the torts of intentional infliction of mental suffering or intimidation. However, in both Ontario and Alberta, lower courts have held that there is a tort of harassment.

In Alberta, the court recognized the tort of harassment based on these factors:

• harassment is recognized as a crime
• the government could create a tort of harassment but the fact that they have not does not meant that the courts cannot recognize one
• courts regularly grant restraining orders based on someone being harassed
• a tort of harassment is needed to fill a gap in law because harassment does not always fall under an already recognized tort

For the tort of harassment, the court found that a defendant will have committed it if they:

• engaged in repeated communications, threats, insults, stalking, or other harassing behaviour in person or through other means
• knew or should have known the behaviour was unwelcome

The behaviour itself must cause harm and be such that it:

• harms the person's dignity, or
• would cause a reasonable person to fear for their safety or that of a loved one, or
• could foreseeably cause emotional distress