The Ontario Superior Court rules against Internet Harassment

In Caplan v. Atas, 2021 ONSC 670 (CanLII), the Ontario Superior Court concluded four separate actions against the defendant, Nadire Atas, brought by targets of her campaigns of online harassment and defamation.
 
For years, Nadire Atas, used the internet to spread vicious falsehoods about family members, former employers, lawyers and associates of those against whom she bore grudges. Her hatred towards the plaintiffs resulted from her termination from a real estate brokerage in the 1990s, two mortgage enforcement proceedings that did not go her way and a successful application brought against her to declare her a vexatious litigant. Nadire posted false accusations of criminal behaviour, professional misconduct, sexual criminality and pedophilia. As evidence, the plaintiffs brought 3,747 online posts on 77 websites directed against 150 victims to the courts attention.
 
The claims against Nadire Atas included defamatory libel, common law ‘harassment’ and ‘private nuisance’.
 
New Tort of Online Harassment 
 
Having reviewed applicable statutory protections, and common law from both Canada and the United States, Justice Corbett concluded that the tort of harassment in internet communications should be created in Ontario. To meet the test for the tort of harassment in internet communications, the plaintiff must show:
 
1. The defendant maliciously or recklessly engaged in communications so outrageous in character, duration and extreme in degree so as to go beyond all possible bounds of decency and tolerance;
 
2. The defendant acted with the intent to cause fear, anxiety, emotional upset or to impugn the dignity of the plaintiff; and