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When the Enemy will not Wage War in the Flesh

Alexander Etkin
Publication date:
November 9, 2021
Article Summary: 

Online harassment has become a significant issue in condominium communities due to the prevalence of the internet and social media platforms. However, the Ontario Superior Court of Justice's decision in Caplan v. Atas, released on January 28, 2021, may provide a legal remedy for those facing online harassment. The court recognized a new common law tort of online harassment, which requires meeting specific criteria related to the malicious and reckless nature of the communications, intent to cause harm, and resulting harm to the plaintiff. Prior to this recognition, existing legal remedies like defamation and intentional infliction of mental suffering were inadequate to address online harassment effectively. The article discusses the implications of this new tort for condominium communities, highlighting the duty of condominiums to prevent harassment and the potential workplace harassment implications. It also emphasizes the importance of discretion to balance the right to free expression and the need to address harmful online behavior.


Online harassment, defamation, tort, Caplan v. Atas, common law, legal remedy, condominium communities, Ontario Superior Court of Justice, workplace harassment, duty, workplace, workplace harassment, indemnification, Norwich order, freedom of expression, social media.

Source Citation: 
Alexander Etkin
When the Enemy will not Wage War in the Flesh
November 9, 2021
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