Alberta Law: Intimidation
One of the many torts is the tort of intimidation. Intimidation is when a party suffers a loss because of threat. There are two basic types of intimidation, which we set out below.
Three Party Intimidation
In the case of three-party intimidation, a threat is made to a third party which causes a loss to the plaintiff. The British case of Rookes v. Barnes AC1129 has a good illustration of this. In this Case, the Defendants belonged to a union. They threatened the employer of the Plaintiff with an illegal strike if the Plaintiff was not fired. He was and then sued in Intimidation.
Two Party Intimidation
In the case of Lion Creek Properties, Ltd. LLP v. Soroby, the Alberta Court of Queen's Bench looked at the tort of two party intimidation, saying at 33:
The essential elements of two-party intimidation are outlined by Phillip Osborne, The Law of Torts, 4th ed (Toronto, Ont: Irwin Law, 2011) at pages 329 - 330:
In two-party intimidation, the plaintiff is both the person who is threatened and the person who suffers the loss. The essential ingredients of two-party intimidation are coercion by threats of unlawful acts, an intention to injure, and damage. For example, a person may be coerced into closing his business by threats of violence or property damage.
If you have suffered a loss due to intimidation, please feel free to contact us.
The information contained in this article is not legal advice. No solicitor client relationship is formed through this article. The reader is encouraged to retain counsel for advice in these matters.