In a landmark decision in Caplan v. Atas, 2021 ONSC 670 (the “Decision”), the Superior Court of Justice recognized the common law tort of internet harassment—proclaiming itself the first common law court outside of the U.S. to recognize the tort.
The recent decision of Rook v. Halcrow, 2019 BCSC 2253 continues to underscore that social media posts are public domain and that serious censure can follow defamatory social media posts. It appears that courts are perhaps increasingly willing to award very serious damages for particularly malicious social media posts.
Every business knows that online reviews matter. They are today’s equivalent of “word of mouth”. It is to be expected that most businesses will, at some point, receive negative reviews online. After all, unhappy consumers tend to want to share their negative experience with the world. Those negative reviews may have a great impact on the business’ financial success or failure.