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Before filing for protection from harassment: understand the remedies
Before you file: understand the remedies
For persons who have experienced harassment, stalking, cyberbullying or other undesirable acts that cause alarm or distress, there are different avenues to deal with the case under the Protection from Harassment Act.
The following table summarises the different remedies and the possible outcomes.
(Note: Scroll within the table to see more.)
Nature of the outcome | Possible outcomes | Avenues to consider |
|---|---|---|
Criminal | The harasser may be punished through a jail term or a fine, or both. |
|
Civil (monetary) | The harasser may be ordered to compensate the victim. | File in the Protection from Harassment Court:
|
Civil (non-monetary) | The harasser may be ordered by the court to:
The court may also order an internet intermediary or other platform owners to stop the spread of a false statement of fact. |
|
About the Protection from Harassment Court
The Protection from Harassment Court (PHC) hears matters related to harassment, stalking, cyberbullying and other undesirable behaviours that cause (or are likely to cause) harassment, alarm or distress. Find out about the types of cases the PHC can hear.
Ways to start: simplified or standard proceedings
There are 2 types of proceedings in the PHC – simplified or standard. Refer to the following table for the differences.
(Note: Scroll within the table to see more.)
| Simplified proceedings | Standard proceedings |
|---|---|---|
When it applies | If the claim is:
Except where the court orders that the claim be discontinued and refiled under the standard proceedings. | In all other cases outside the scope of simplified proceedings. |
Estimated fees | Lower filing fees than the standard proceedings. For example, it costs at least $30 to start a claim. | Filing fees are determined by the Rules of Court. For example, it costs at least $110 to start an application. |
Court proceedings
| Simplified proceedings are conducted in a more informal manner. | Standard proceedings follow strict rules of evidence and are more formal. |
How to file | Through the Community Justice and Tribunals System (CJTS). Find out how to file through CJTS. | Through eLitigation. If you are not represented by a lawyer, you need to file in person at the LawNet & CrimsonLogic Service Bureau. Find out how to file through eLitigation. |
Note: All claims that do not fall under the simplified proceedings must be filed under the standard proceedings.
When the simplified proceedings apply
You can file a claim under the simplified proceedings if your application meets the following limits:
If you are seeking monetary compensation, you can claim up to $20,000 under the simplified proceedings in the PHC.
You must file within 2 years of the event which creates your cause of action for your case. A cause of action is the set of facts which entitles you to start a court action against another party.
Example: A person who received a threatening email from someone else may have a cause of action to file a protection from harassment application, starting from the date the person read the email.
For any other case, the simplified proceedings do not apply.
For your case to follow the simplified proceedings, you must:
- File the application by yourself, without any co-claimants.
- File the application against no more than 5 respondents.
Take a pre-filing assessment
Before you file, take an online pre-filing assessment on the Community Justice and Tribunals System (CJTS) to consider if you have a claim and whether it is suitable for the simplified proceedings in the PHC.
Note: This assessment is not conclusive and is not intended to be legal advice. You may seek legal advice if you are unsure about your case.
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