Nov 11, 2025 in News Legal News

Legal News: The Tort of Internet Harassment: When Online Trolling Becomes a Lawsuit

Ontario courts are redefining accountability in the digital age.

The internet was once viewed as a frontier for free expression, open debate, and opinion. But for countless Canadians, it has also become a breeding ground for harassment, defamation, and psychological harm.

In recent years, courts across Ontario have begun to acknowledge what many victims already knew: online abuse can cause devastating real-world consequences.

In a landmark shift, Ontario courts have formally recognized the tort of internet harassment, giving victims of malicious and sustained online campaigns a way to pursue justice and damages against their harassers.

At Neinstein Personal Injury Lawyers, we view this as a powerful evolution in tort law, one that bridges the gap between traditional legal principles and the digital reality of today’s world.

Understanding the Tort of Internet Harassment

Historically, victims of online abuse had limited legal recourse. They could sue for defamation, intentional infliction of mental suffering, or invasion of privacy, but none fully addressed the uniquely persistent and public nature of online harassment.

That changed with the landmark decision in Caplan v. Atas, where the Ontario Superior Court formally recognized a standalone tort of harassment in internet communications. The court emphasized that extreme, flagrant, and malicious online conduct can be so harmful that it warrants direct legal relief, explaining that such campaigns are designed not merely to damage reputation but to terrorize victims and those close to them:

“Put another way, the intent is to go beyond character assassination: it is intended to harass, harry and molest by repeated and serial publications of defamatory material, not only of primary victims, but to cause those victims further distress by targeting persons they care about, so as to cause fear, anxiety and misery.” (Caplan v. Atas, 2021 ONSC 670, para. 168)

Recognizing this tort allows victims to sue perpetrators directly for damages tied to emotional distress, reputational harm, and financial loss, even where the conduct does not fit neatly within older causes of action such as defamation or intentional infliction of mental suffering.

What Qualifies as Internet Harassment?

The tort applies to sustained and deliberate campaigns of online abuse, including:

• Repeated publication of defamatory or false information.
• Doxxing (sharing private or identifying information).
• Harassment through fake social media accounts.
• Coordinated trolling or intimidation campaigns.
• Threats, targeted defamation, or humiliation through public posts.

To succeed, a plaintiff must show that the defendant intended to cause emotional distress or acted with reckless disregard for the harm caused, and that the harassment was so outrageous and repetitive that it exceeds what any reasonable person should endure.

These cases often require the collection of digital evidence, including social media records, IP traces, and expert testimony on psychological harm. This is an area where Neinstein’s litigation team brings specialized experience.

Why This Legal Development Matters

The recognition of the tort of internet harassment marks a significant expansion of victim protection in Ontario.

For the first time, individuals targeted by cyberstalking or organized online abuse can hold perpetrators legally accountable, even when the harassment takes place entirely online.

This change also sends a message: the law is adapting to meet the realities of digital life. Online anonymity no longer means impunity.

At Neinstein Personal Injury Lawyers, we see this as part of a broader movement where civil courts increasingly recognize the psychological injuries and emotional trauma caused by non-physical harm: a principle similar to how our Mass Tort Lawyers handle complex claims involving a large number of affected consumers.

Proving Psychological and Reputational Harm

Internet harassment cases hinge on proving the depth of emotional distress suffered by the victim.

Our team works closely with psychological experts to establish:

• The severity and duration of the harassment.
• The impact on mental health, including anxiety, depression, or PTSD.
• The loss of employment or income linked to reputational damage.
• The social isolation or loss of opportunity caused by the abuse.

In addition, our digital forensics partners help gather the evidence necessary to link anonymous online accounts to real individuals, which is a crucial step in establishing liability.

Who Can File a Claim for Internet Harassment?

Victims of online abuse may include:

• Individuals targeted on social media or public forums.
• Professionals whose reputations have been attacked.
• Students or educators facing organized online bullying.
• Survivors of intimate partner relationships suffering cyberstalking.

If the harassment campaign is severe, intentional, and harmful, it may form the basis of a tort action.

In some cases, victims may also combine claims for defamation, invasion of privacy, or intentional infliction of mental suffering to create a powerful multi-pronged case for damages. This multi-pronged approach is much like the recent Social Media Lawsuit filed by Ontario's largest school boards against social media giants for disrupting student learning and the education system.

How Neinstein Lawyers Can Help

Navigating the evolving area of digital tort litigation requires both technical understanding and courtroom experience.

At Neinstein Personal Injury Lawyers, we help clients:

• Preserve and authenticate online evidence.
• Obtain injunctions to remove or restrict harmful content.
• Identify anonymous harassers through digital discovery.
• Quantify emotional and financial losses caused by online abuse.
• Pursue damages through civil court proceedings.

Our personal injury law firm combines decades of litigation experience with an understanding of emerging psychological and digital harms, ensuring victims receive full recognition for the damage they’ve suffered.

Looking Ahead: The Future of Online Accountability

The recognition of internet harassment as a tort signals a growing judicial awareness that psychological injury and emotional trauma deserve the same legal respect as physical harm.

As courts continue to hear these cases, we expect new precedents to strengthen protections for online victims and refine the boundaries of free expression versus abuse.

The takeaway is clear: online harassment is no longer just a “digital issue.” It is a legal one.

If you’ve suffered harassment or cyberbullying that has affected your life, health, or livelihood, contact our personal injury lawyers to discuss your options. The law now gives you a voice, and we’re here to help you use it.