Skip to Content

Client Update: Nova Scotia New tort of cyberbullying

NEW TORT OF CYBERBULLYING

On May 10, 2013 the Nova Scotia legislature passed the Cyber-safety Act (Bill 61). When this bill comes into force, it will give rise to a new tort of cyberbullying that creates liability for the tortfeasor and potentially for his or her parent(s) if the tortfeasor is under the age of 19.

TORT OF CYBERBULLYING

Cyberbullying is defined in the Act as:

any electronic communication through the use of technology including, without limiting the generality of the foregoing, computers, other electronic devices, social networks, text messaging, instant messaging, websites and electronic mail, typically repeated or with continuing effect, that is intended or ought reasonably be expected to cause fear, intimidation, humiliation, distress or other damage or harm to another person’s health, emotional well-being, self-esteem or reputation, and includes assisting or encouraging such communication in any way.

A person who subjects another person to cyberbullying commits the tort and can be liable for general, special, aggravated and punitive damages and be subject to an injunction.

While the Act does not provide any guidance as to the range of damages that may be awarded, it does allow for the court to consider any particular vulnerabilities of the plaintiff, all aspects of the conduct of the defendant and the nature of any existing relationship between the plaintiff and the defendant when assessing damages.

PARENTAL LIABILITY

If the person committing the tort of cyberbullying is under the age of 19, his or her parent(s) or guardian(s) will be jointly and severally liable, unless they can convince the court that they:

a.) Were exercising reasonable supervision over the child at the time the child engaged in the activity that caused the loss or damage; and

b.) Made reasonable efforts to prevent or discourage the child from engaging in the kind of activity that resulted in the loss or damage.

Factors the court will consider in making this assessment include:

  • The age of the child;
  • The prior conduct of the child;
  • The physical and mental capacity of the child, including any psychological or other medical disorders of the child;
  • Whether the child used an electronic device supplied by the parent, for the activity;
  • Any conditions imposed by the parent on the use by the child of an electronic device;
  • Whether the child was under the direct supervision of the parent at the time when he or she engaged in the activity; and
  • Whether the parent acted unreasonably in failing to make reasonable arrangements for the supervision of the defendant.

WHAT THIS MEANS FOR YOU

The Cyber-safety Act has wide-ranging implications. First and foremost, it creates a new tort. It also presumes a form of vicarious liability for parents of cyberbulliers under the age of 19, however, this is rebuttable. Finally, other forms of vicarious liability are not precluded. For example, an employer could be vicariously liability for an employee who engages in cyberbullying in the workplace.

The foregoing is intended for general information only. If you have any questions, visit our Insurance group. For more on our firm see www.stewartmckelvey.com.

Archive

Making AI work for your business

Sarah Dever Letson and Lauren Agnew Interested in understanding the impacts of AI on your business? Looking to understand how these intersect with concerns around privacy and cybersecurity? Curious about…

Read More

Navigating the “Towns Act”: Key changes and transition considerations for towns in Newfoundland and Labrador

BY Stephen Penney & Danielle Harris

By Stephen Penney and Danielle Harris Introduction On January 1, 2025, the Towns and Local Service Districts Act (the “Towns Act”) came into effect, changing the legislative landscape for towns…

Read More

Dealing with Canadian “retaliatory” tariffs: A primer for importers

BY Michelle Chai & Graeme Hiebert

By Michelle Chai & Graeme Hiebert In response to the 25% tariffs levied on virtually all Canadian goods by the United States, Canada has announced United States Surtax Order (2025-1)…

Read More

Balancing inclusivity and workplace safety

BY Sheila Mecking & Lauren Sorel

By Sheila Mecking and Lauren Sorel Introduction Arbitrator Trisha Perry addressed the complex interests between inclusive education and workplace safety in a recent decision (New Brunswick Teachers’ Federation v New…

Read More

University governance in Nova Scotia: The impacts of Bill 12

BY Colleen Keyes,
K.C.
& Harper Metler

By Colleen Keyes, K.C. and Harper Metler On February 19, 2025, the Nova Scotia Government introduced Bill No. 12: An Act Respecting Advanced Education and Research (“Bill 12”), which is…

Read More

Privacy rights in the workplace: Supreme Court expands charter protections for public school teachers

BY Chad Sullivan & Chiara Nannucci

By Chad Sullivan and Chiara Nannucci Introduction A recent Supreme Court of Canada decision (York Region District School Board v. Elementary Teachers’ Federation of Ontario, 2024 SCC 22) has once…

Read More

New rules allowing Nova Scotia private sector employers to join Public Service Superannuation Plan take effect

BY Dante Manna & Noah Archibald

By Dante Manna and Noah Archibald The Provincial Government recently proclaimed the Private Sector Pension Plan Transfer Act (the “Transfer Act”) and newly released regulations on February 4, 2025. The…

Read More

Outlook for 2025 proxy season

By Andrew V. Burke, Colleen P. Keyes, Gavin Stuttard, David F. Slipp and Logan G. Walters With proxy season on the horizon, many public companies are once again preparing their…

Read More

Here we go again … how recent updates to Canada’s supply chain transparency reporting guidance may impact your 2025 reporting obligations

By Christine Pound, Colleen Keyes, K.C., and Daniel Roth As reporting entities and government institutions prepare their supply chain transparency reports, Public Safety Canada (“PSC“) has updated its guidance for…

Read More

Energy Watch 2025

Stewart McKelvey is pleased to present Energy Watch – a review of key legislative and policy advancements in the renewable energy sector in 2024 in Newfoundland and Labrador, Nova Scotia and New Brunswick and a look forward to anticipated activities in 2025.

Read More

Search Archive