On January 28, 2021, the Ontario Superior Court addressed “inadequacies in current legal responses to internet defamation and harassment” by creating a new tort of internet harassment.
A tort is a civil wrong that causes harm or loss. Recognizing that internet harassment can give rise to a lawsuit for damages is a significant development in the Canadian legal system.
Background and Legal Claim
3. The plaintiff suffers such harm.
One of the biggest questions for us in British Columbia is how our courts will interpret the decision of the Ontario Superior Court. Cyberbullying and internet harassment requires the court to address jurisdictional issues that were not brought to light in this particular case. An internet user may post harassing comments about someone in British Columbia, while being located in another province or another country. Extra-jurisdictional issues may make it difficult for plaintiffs to enforce the court’s judgment.
On May 1,2021 ICBC is enacting a new no-fault insurance model. This model is referred as an “enhanced care”, individuals involved in car accidents in British Columbia will no longer be able to sue for injuries.
Insurance brokers have a duty to give sound insurance advice. In a commercial insurance context, brokers are required to know the in/out of a clients’ business in order to source and secure the proper insurance coverage.
Many businesses have been forced to close, limit their hours, or reduce their capacity. Despite a vaccine, the economic impact will likely continue, particularly in the face of new strains of the virus.
While the global pandemic has been incredibly disruptive, the Court is embracing these changes and the legal community is using the tools available to move matters through the court system despite challenges.