In this episode, we interview special guest Professor Jon Festinger, QC. See his impressive bio here and here.
Topics include the new tort of internet harassment, recently recognized by the Ontario Superior Court of Justice in an extraordinary case that arose from years of harassing posts about a huge, extended network of people who the defendant saw as having slighted her, or being connected to someone who had slighted her. For even more hair-raising details, check out the New York Times story on what happened, “A Vast Web of Vengeance.” And you can also read the case, Caplan v. Atas, 2021 ONSC 670.
We also chat about our regular “torts in the news” and WTF segments. Somehow, a lot of it ends up being about animal law.
Things discussed in the pod:
Simpson v Teichrieb, 2021 BCSC 210.
Raccoon case: Andrew v Kilgour, (1910) 19 Man R 545, 1910 CanLII 315 (MB QB).
Reddit r/legaladvice thread on “Am I liable if my murder attempts murder?”
2 Comments
Add YoursFrom the NY Times article “[d]uring multiple interviews in recent months, Ms. Atas refused to divulge much about herself. She told me she was worried about the impact of a New York Times article. “Anyone who Googles my name, this will come up, and I don’t want this to come up,” she said.”
I guess she now knows how it feels. The anonymity of the internet is shockingly scary at times and I don’t scare easily. For people that are not computer or investigative savvy, this could ruin their lives quite quickly.
Going through the judgement, which is extensive, it’s clear she either has mental health issues (she isn’t willing to acknowledge or been officially diagnosed with) or she’s just a nasty person. Either way, the courts hands seem to be tied as to how to stop her, short of jail which is only a temporary solution.
So, how does one defend against these trolls? She has no money or assets, is not following court orders, and jail can only be used for so long? I’m not a fan of vigilante justice but if ever there was a case for it, this would be it I think. Can’t type lies if you have no hands (hahah….kidding!).
So frustrating for the folks involved with this woman.
Large defamation award recently in the Yukon headed to SCC.
https://www.yukon-news.com/news/former-dawson-couple-takes-overturned-defamation-case-to-supreme-court-of-canada/