Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 9 years ago

What are the laws regarding suing for harassment in ontario, Canada?

I want to sue my ex girlfriend who owes me $500 from a loan I gave her, and her dad (she is 19, she's not a minor) is threatening to counter sue for $5000 for harassment due to me asking for her money and right after our break up I messaged her a lot, it sounds to me like he's just trying to scare me, especially as he used to threaten to call the cops if I messaged her one more time asking for my money. I want to double check what the laws are, does anyone know anything on this matter and the laws for suing over harassment in Ontario, Canada.

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  • 9 years ago
    Favorite Answer

    It's long been a question as to whether or not the tort of harassment exists. (A "tort" is an act for which one can sue, aside from a breach of contract. Put another way, it's questionable whether or not one can sue for harassment.)

    A couple of recent cases from Ontario's Superior Court of Justice appear to answer this question in the negative. The more recent one, being from September 2010, puts it this way:

    *****

    There is no clear authority that the tort of harassment exists. Our court in a recent decision canvassed the cases where harassment has been asserted and found that several cases held the tort does not exist [Lynch v. Westario Power Inc., [2009] O.J. No. 2979, para. 66 (Ont. S.C.J.)]. Lynch, however, looked at cases where the tort of intentional infliction of mental suffering was claimed and identified the following elements of that tort:

    (a) flagrant or outrageous conduct on the part of the named defendant;

    (b) calculated to produce harm in circumstances where it is known harm will ensue;

    (c) resulting in a visible and provable illness or injury to the plaintiff.

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    In other words, harassment isn't a tort, but "intentional infliction of mental suffering" is, with the above elements. As well, there is such a thing as criminal harassment (s.264 of the Criminal Code), which can include "repeatedly communicating with...the other person" causing the other person "reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them".

    That said, if you've been told to stop making demands, the appropriate response at that point is to commence legal proceedings at the Small Claims Court. There is a filing fee, but if you're successful that money is recoverable as a disbursement from the defendant. (That being said, if she doesn't have the money to pay, then you're throwing good money after bad.)

  • ?
    Lv 6
    9 years ago

    This is the procedure to follow.

    You have the Right to this money it was a loan as you said. The place to go is Small Claims Court.

    Go to the courthouse, and ask the clerk for a form and explain the situation, and she in turn

    will give you instructions. Ask questions if you are uncertain about something. There is

    no charge/fee. Next ignore the old man, and focus on your case. He's off the wall, and don't allow

    this to deter you. If the judge asks you on the emails, simply tell him you wanted your money which

    is a large sum for you. Don't let fear control you.

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