Question
Events.com is a website owned and operated by Events Inc., a Delaware corporation with a head office in Delaware, USA. Events.com is a directory and
Events.com is a website owned and operated by Events Inc., a Delaware corporation with a head office in Delaware, USA. Events.com is a directory and search engine for the special events industry in North-America. Users searching for service providers for a special event can search Events.com for service providers, such as venues, caterers, entertainers and photographers. In addition, Events.com also sells custom event merchandise to the users of its website.
Rocco and Celine are engaged to be married and reside in Toronto, Ontario. Rocco and Celine have been using Events.com's website to plan their upcoming wedding. In doing so, they have provided Events Inc. with their personal email addresses and cell phone numbers.
Sabine is an employee of Events Inc. She resides in Toronto, Ontario. Sabine is Rocco's ex-girlfriend. Sabine and Rocco had a bad breakup a few years ago and Sabine has not been able "to get over him". After their breakup, Rocco blocked Sabine from all of his social media accounts and has changed his email address and telephone numbers, so Sabine was unable to contact him.
Sabine has heard from mutual friends about Rocco and Celine's recent engagement, which causes Sabine to be consumed with jealousy. Sabine uses her credentials as an employee of Events Inc. to search Events Inc.'s internal databases for Rocco's and Celine's contact information. Sabine accesses Events Inc.'s database in breach of Events Inc.'s internal security safeguards. Sabine obtains Rocco's and Celine's email addresses and cell phone numbers from Events Inc.'s database. She then sends hundreds of emails and texts to Rocco and Celine with the intention of harassing them. The emails and texts are not copied to anyone else (meaning only Rocco or Celine can see them), and include the following statements:
- "Rocco is an asshole!
- "Celine is an ugly slut!"
- "Watch your back because I am coming for you!"
- "I hope you both burn in hell!"
These emails and texts continue for several weeks and cause Rocco and Celine severe anxiety and mental distress. They file a criminal complaint with the RCMP against Sabine. They also sue her civilly in the Ontario Court.
- What criminal offence(s), if any, can Sabine be charged with in Canada? Answer the question by applying the law to the facts of this case and by referencing the relevant sources
- What, if any, causes of action, can Rocco and Celine sue Sabine for in the Ontario Court and do you think they will be successful in their lawsuit against her? Answer the question by applying the law to the facts of this case and by referencing the relevant sources
- What, if any, obligations does Events.com have under Canadian regulatory law in these circumstances? Answer the question by applying the law to the facts of this case and by referencing the relevant sources
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