The Alberta Court of King’s Bench recently recognized a tort of harassment in Alberta Health Services v Johnston, 2023 ABKB 209. In doing so, the court explicitly acknowledged the persistent and oppressive nature of harassment and the often racialized and gendered context in which it often occurs. Despite a reluctance for other Canadian courts to recognize the tort, harassment law remains in flux. Will courts follow Alberta’s lead in addressing harassing conduct?
Vinson Shih and Kristal Low summarize recent developments in common law Canada and delineate what will be required for counsel to push the boundary on harassment law.