Canada Case Law

Gasparetto v. Bradley Jr.

Court

Supreme Court of Nova Scotia

Evidence established control of the impugned accounts by the respondent and the communications met the statutory definition of cyber-bullying (electronic, caused harm or likely to, and were malicious/reckless); taking statutory s.6(7) factors and case law on damages into account, the court granted prohibitory and takedown orders, declared the communications cyber-bullying, awarded compensatory, aggravated and punitive damages and costs, and denied an account of profits for lack of evidence.

Source excerpt

• Intimate images and cyber-protection act
• Cyber-bullying
• Damages assessment
• Costs
• Service of process
• Cross-border enforcement

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Fraser v. Crossman

Court

Supreme Court of Nova Scotia

The application was dismissed because the applicant failed to prove the statutory elements of cyber-bullying on the balance of probabilities: he did not tender admissible, meaningful evidence that the electronic communications caused or were likely to cause harm to his health or well-being, and the respondent did not maliciously intend harm nor act with the requisite recklessness; key alleged impacts were supported only by inadmissible hearsay and were therefore insufficient to meet the burden of proof.

Source excerpt

• Intimate images and cyber-protection act
• Definition of cyber-bullying
• Malicious intent vs recklessness
• Evidence and hearsay
• Freedom of expression vs harm

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R. v. C.L.

Court

Nova Scotia Provincial Court

Given the nature and range of offences, the youth's history and time already served, the court accepted the joint recommendation as the least restrictive and most rehabilitative disposition available; a full social media ban imposed under s.55(2)(h) YCJA was a proportionate, necessary condition to secure good conduct and protect victims and the public.

Source excerpt

• Assault
• Sexual assault
• Harassment
• Weapons offence
• Deferred custody and supervision
• Probation

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A.B. v. Bragg Communications Inc.

Court

Supreme Court of Canada

The Supreme Court permitted a 15-year-old cyberbullying victim to proceed anonymously, but refused a publication ban on non-identifying Facebook content.

• Publication bans
• Anonymity
• Isp disclosure of ip user identity
• Online sexualized bullying
• Access to justice for minors
• Publication-bans

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