Persistent harassment and false or damaging statements can do lasting harm, especially online, where a post spreads quickly and stays visible long after it was made. Keystone Legal acts on both sides of these disputes in Alberta, for individuals, professionals and businesses who have been harassed or defamed, and for those accused of harassment or defamation.
Harassment Claims
In 2023, the Alberta Court of King’s Bench recognized harassment as a civil wrong for which damages can be awarded (Alberta Health Services v Johnston, 2023 ABKB 209). Under that decision, a claim requires repeated communications, threats, insults, stalking or other harassing conduct that the other person knew or ought to have known was unwelcome, that impugns the plaintiff’s dignity, would cause a reasonable person to fear for their own safety or that of their loved ones, or could foreseeably cause emotional distress, and that caused harm. Courts in Ontario and British Columbia have declined to recognize a general tort of harassment, and the law is still developing, so each potential claim needs careful assessment before any step is taken.
Services include:
- Assessing whether the conduct supports a civil claim
- Cease and desist letters requiring the conduct to stop
- Applications for restraining orders, injunctions and other orders limiting contact
- Claims for damages in the Court of King’s Bench
Where the harassment comes from a current or former partner, the the intimate partner violence page explainsand Intimate Partner Violence pages explain the additional options available.
Defamation
A defamation claim concerns words or images, communicated to at least one other person, that would tend to lower someone’s reputation in the eyes of a reasonable person. The law presumes such statements are false, and the person who made them may rely on defences such as truth, fair comment, privilege or responsible communication on a matter of public interest.
Keystone Legal advises and acts in matters including:
- Online posts, reviews and social media statements
- Statements made to an employer, client, business contact or professional body
- Demand letters and requests for a retraction or apology
- Requests to online platforms to remove content
- Bringing and defending claims for damages
Timing matters in these cases. Where the statement appeared in a newspaper or a broadcast, Alberta’s Defamation Act requires written notice of the intended claim within three months after the person learned of it, and general limitation periods apply to every claim.
How These Matters Are Handled
Many of these disputes can be resolved before a claim is filed, through a carefully drafted letter or a negotiated retraction, and the firm considers that route first when it serves the client. When litigation is needed, the matter proceeds in the Court of King’s Bench, with in-person appearances at the Calgary Courts Centre. If a matter also raises privacy concerns, such as the sharing of personal information or images, the firm advises on those as well.
Frequently Asked Questions
Yes. The Court of King’s Bench recognized a civil tort of harassment in 2023, and the claim is available where the conduct is repeated, known to be unwelcome, impugns your dignity or causes reasonable fear, and causes harm.
A statement of fact, communicated to at least one other person, that would lower your reputation in the eyes of a reasonable person. The law presumes it is false and the defences include truth, fair comment, privilege and responsible communication.
Two years in general. Where the statement was in a newspaper or broadcast, written notice must be given within three months of learning of it, so act at once.
Often. A demand to the poster and a request to the platform resolve many cases, and where they do not, an injunction can be sought as part of a claim.
If you are being harassed or defamed, or have been accused of either, call (587) 328-3328.
Claims are brought where the file proceeds through the Calgary Courts Centre. Advice, demand letters and negotiated retractions are available anywhere in Alberta. The practice is virtual, so meetings happen by video, telephone and email, with in-person meetings available on request in Cochrane or in Calgary.
Our Services
- Cease and Desist Letters
- Post-Separation Harassment
- Restraining Orders and Injunctions to Stop Harassment
- Civil Harassment Tort Claims
- Online Harassment, Cyberstalking and Doxxing
- Evidence and Documentation Strategy for Harassment Claims
- Harassment by Neighbours, Business Associates and Acquaintances
Working With Keystone Legal
Meetings are held by secure video as a matter of course, so clients anywhere in Alberta can meet with the firm without travelling, and in-person meetings are available on request in Cochrane or Calgary. Every matter is handled with discretion. Services are available in English and French, with support also available in Tagalog, Hindi and Punjabi.
