Alberta courts now recognize harassment as a civil wrong you can sue for. Since the Court of King’s Bench decision in Alberta Health Services v Johnston in 2023, a person in Alberta who is subjected to repeated, unwelcome conduct that attacks their dignity, makes them fear for their safety, or foreseeably causes them emotional distress can bring a civil claim for damages and ask the court to order the conduct to stop. Keystone Legal acts for people across Alberta facing harassment, from a first cease and desist letter through to a civil claim.
What counts as harassment in Alberta law
To succeed in a harassment claim, Alberta law requires proof of four things: repeated communications, threats, insults, stalking, or other harassing behaviour, in person or online; that the person knew or ought to have known was unwelcome; that attacks your dignity, would cause a reasonable person to fear for their safety or the safety of loved ones, or could foreseeably cause emotional distress; and that caused you harm. A single unpleasant incident is usually not enough. A pattern of unwanted contact, messages, posts, calls, or showing up where you are can be.
Situations where we act
Harassment claims arise in many settings, and we regularly see them overlap with our other practice areas: post-separation harassment by a former partner, including harassment carried out through children or directed at a new spouse (see our Family Law services); persistent online abuse, defamatory campaigns, and doxxing (see our Defamation and Privacy services); harassment connected to intimate partner violence (see our Intimate Partner Violence Litigation services); and harassment by neighbours, former business associates, or acquaintances who will not stop.
What a harassment claim can achieve
A successful claim can result in damages for the harm caused and, in appropriate cases, a court order restraining the conduct. Just as importantly, many situations resolve before any lawsuit: a well-drafted cease and desist letter from a law firm, setting out the conduct, the law, and the consequences of continuing, is often enough to end the behaviour. We offer cease and desist letters as a standalone service, with a civil claim as the escalation path if the conduct continues.
What to bring to a consultation
Harassment cases are built on records. Before your consultation, gather what you have: screenshots of messages and posts with dates, a timeline of incidents, names of witnesses, and any medical or counselling records if the conduct has affected your health. The stronger the record, the stronger every option becomes, from a demand letter to a claim.
Frequently asked questions
Yes. Since 2023, Alberta courts recognize a civil tort of harassment. You can claim damages and, in appropriate cases, seek a court order that the conduct stop.
Yes. The tort covers repeated communications and harassing behaviour in person or through any other means, which includes texts, emails, social media posts, and messages sent through others.
Post-separation harassment is one of the most common situations we see, and it often affects family law proceedings as well. We advise on both together, including where harassment of a new spouse or through the children is part of the picture.
Alberta’s general limitation period is two years from when you knew or ought to have known you had a claim, and ongoing conduct can extend the practical window. Do not wait: records fade, and deadlines are strict, so get advice early.
Talk to us
Keystone Legal serves clients across Alberta in English and French, with appearances at the Calgary Courts Centre. Book a consultation to have your situation assessed and to understand your options, from a single letter to a full claim.
