Alberta was the first Canadian province to recognize harassment as a standalone civil wrong. In Alberta Health Services v Johnston, 2023 ABKB 209, the Court of King’s Bench held that a person subjected to a campaign of harassing conduct can sue the person responsible, recover damages, and obtain an injunction restraining the behaviour. In that case, the court awarded $100,000 in general damages for the harassment alone, together with a permanent injunction.
The four-part test
A defendant is liable for harassment where they have engaged in repeated communications, threats, insults, stalking, or other harassing behaviour, in person or through other means; that they knew or ought to have known was unwelcome; that impugns the dignity of the plaintiff, 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 harm.
Each element matters. The conduct must be repeated; the law does not compensate a single rude exchange. It must be objectively unwelcome; a harasser cannot hide behind claimed good intentions. And it must have caused you harm, though the harm need not be a diagnosed psychiatric condition. The court in Johnston recognized that people subjected to harassment often protect themselves through avoidance, and the law does not punish them for coping.
What a claim looks like
Most files begin with an assessment of the record: what happened, when, through what channels, and what evidence exists. From there, the realistic paths are a demand letter, a statement of claim, or both in sequence. Many defendants stop when served. Those who do not face examinations, applications, and trial, with damages and an injunction as the outcome sought. We prepare every file as if it will be tried, because that preparation is what produces early resolution.
Damages and remedies
A successful claim can result in general damages for the distress and disruption caused, aggravated damages where the conduct was high-handed, and in rare cases punitive damages. The injunction is often the remedy that matters most: a court order that the conduct stop, enforceable through contempt proceedings if breached
Frequently asked questions
No. Criminal harassment and the civil tort are separate tracks. A criminal charge is not required, and a decision by police not to charge does not prevent a civil claim.
Courts can order internet providers and platforms to disclose the identity behind anonymous accounts. See our Online Harassment, Cyberstalking and Doxxing page.
Alberta’s general limitation period is two years from when you knew or ought to have known you had a claim. Ongoing conduct can extend the practical window, but do not wait; records fade, and deadlines are strict.
Talk to Us
Keystone Legal serves clients across Alberta in English and French, with appearances at the Calgary Courts Centre.
