Cyber-bullying During Litigation: A Cautionary Tale
Being involved in litigation is stressful at the best of times. When the litigation involves sibling rivalry, such as an estate dispute, the stress increases as tempers flare. At such times, it can be tempting to use available technology to pressure a sibling or to vent one's toxic emotions. A recent Nova Scotia Supreme Court decision illustrates.
Upon learning of her mother's deteriorating health due to brain cancer, Ms. Murray moved herself and her family into the mother's home to provide caregiving. Several months prior to the mother's death and after Ms. Murray was providing the caregiving services, the mother attended her solicitor's office and executed a new will in which she left everything to Ms. Murray. Not surprisingly, when Ms. Murray's brother, Mr. Lee, learned about this change to the will, he became upset. He "voiced" his displeasure through various text messages, email messages and Facebook posts. His comments were, to put it mildly, unkind and included threats regarding telling her employer that she was a "lying manipulative fraudulent thief."
Ms. Murray complained to Cyberscan who requested that Mr. Lee remove the social media postings. Although he did remove some of the offensive, others remained public. The Director of Public Safety then successfully applied for a Cyber-bullying Order to have the offensive posts removed. Mr. Lee failed to appear in court to defend his actions.
In Canada, remedies to cyber-bullying vary between provinces. If a posting is false and causes harm to someone's reputation, a civil action for defamation can be commenced which could include injunctive relief of removing the posts or publishing a retraction. Criminal Code charges of harassment can be brought if the intent of the posting is to frighten someone. (The legislation in Nova Scotia that requires Mr. Lee to remove the offensive social media posting does not have duplicate legislation here in Ontario at this time.)
Even if the opposing party chooses not to pursue a civil remedy of defamation or criminal charges for harassment, during litigation inflammatory postings to social media or emotional email and text messages are unwise. Such communications are likely to find their way into a courtroom and will only serve to embarrass the author.
The lesson: Take a deep breath and think about the consequences before you hit "send" or "post". The momentary release of venting toxic emotions can have a high price and influence others in favor of the opposing party.
The content and the opinions expressed here is informational purposes only and does not constitute legal or professional advice. Nor does reading or commenting on it create a lawyer/client relationship with the author. I encourage you to contact me directly at adrianlawoffice@gmail.com if you have specific legal questions or concerns.
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