What is the common law tort of harassment?
Ontario, Canada
The following excerpt is from Flood v. Boutette, 2021 ONCA 515 (CanLII):
The Papics plead “harassment” and intentional infliction of emotional distress. There is as yet no recognized common law tort of harassment: see Merrifield v. Canada (Attorney General), 2019 ONCA 205, 145 O.R. (3d) 494, leave to appeal refused, [2019] S.C.C.A. No. 174. In my view, the circumstances of this case cannot plausibly warrant the recognition of such a tort. The claim of intentional infliction of emotional distress is also fatally flawed: none of the conduct at issue was flagrant, outrageous, or calculated to harm the Papics.
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