May.8.2019

NO TORT OF HARASSMENT

In a recent case from the Ontario Court of Appeal, the appellate court rejected that there existed a tort of harassment. The decision in Merrifield v. Canada (Attorney General), 2019 ONCA 205 (“Merrifield”) is the first time a Canadian appellate court has had to determine whether this tort exists. Although not binding in British Columbia, this authority is certainly persuasive and it is likely that we will see B.C. courts following this decision.

May 2019 briefing note