Many harassment situations can be resolved without a lawsuit, once the person responsible has been told in writing that the conduct is unlawful, that it has been documented and that continuing it may have legal consequences. A cease and desist letter from a law firm puts that position formally, and in many cases the conduct stops once the letter has been received.
Why a letter is often effective
A properly drafted cease and desist letter sets out the specific conduct, dated and documented; the law that makes it actionable, including the tort of harassment recognized in Alberta Health Services v Johnston, 2023 ABKB 209; a clear demand that the conduct stop; and the consequences of continuing, up to and including a civil claim for damages and an injunction. It also puts the recipient on formal notice, which strengthens any later claim: after the letter, no one can say they did not know the conduct was unwelcome.
Why it works
Harassment usually continues because the person responsible expects no consequence, and a letter on law firm letterhead tells the recipient that a lawyer has reviewed the record and that a claim may be issued against them if the conduct continues.
When a letter is not the right first step
A letter is not always the answer. Where there is a genuine safety risk, the first conversation should be about protective orders and, where appropriate, police involvement. Where the harasser is a former intimate partner, the letter needs to be coordinated with any family law proceeding. The firm assesses this at the outset and tells you plainly which path fits your situation.
The pages on post-separation harassment and on restraining orders and injunctions explain those routes.
A standalone service with an escalation path
Keystone Legal offers cease-and-desist letters as a defined, standalone service. You receive a consultation, a review of your records, a drafted and served letter, and clear advice on what to do if the conduct continues. If it does, the letter becomes part of the evidence in the claim that follows.
Frequently asked questions
Rarely, and the firm will tell you if your situation is one where escalation is a real risk. The letter is written to be factual and measured, so that it states the client’s position firmly without giving the recipient a fresh grievance to pursue.
The letter itself is not a court order, and its force lies in what follows if it is ignored, since a recipient who continues after formal notice is likely to face a stronger claim before a court that has seen the warning disregarded.
The letter is prepared promptly once the firm has your records and instructions.
Keystone Legal serves clients across Alberta in English and French, with appearances at the Calgary Courts Centre.
