Bullying: Frequently Asked Questions

What is bullying?

Bullying Canada, a national anti-bullying charity solely dedicated to creating a brighter future for bullied youth, describes bullying as ‘the act of someone hurting, scaring, or making another person feel uncomfortable on purpose’. There are many ways that young people bully each other, even if they don’t realize it at the time.

Some of examples of bullying include:

– Punching, shoving, and other acts that hurt people physically
– Spreading bad rumours about people
– Keeping certain people out of a group
– Teasing people in a mean way
– Getting certain people to ‘gang up’ on others

How does the law of Ontario define bullying?

Under the Ontario Education Act:

“bullying” means aggressive and typically repeated behaviour by a pupil where,

(a) the behaviour is intended by the pupil to have the effect of, or the pupil ought to know that the behaviour would be likely to have the effect of,

(i) causing harm, fear or distress to another individual, including physical, psychological, social or academic harm, harm to the individual’s reputation or harm to the individual’s property, or

(ii) creating a negative environment at a school for another individual, and

(b) the behaviour occurs in a context where there is a real or perceived power imbalance between the pupil and the individual based on factors such as size, strength, age, intelligence, peer group power, economic status, social status, religion, ethnic origin, sexual orientation, family circumstances, gender, gender identity, gender expression, race, disability or the receipt of special education; (“intimidation”)

How can RLG help my child regarding bullying at a private/independent school?

We take full details from every client and, crucially, we consider the wider picture from our client’s vantage point. You and your circumstances are unique, and your needs and goals will, therefore, also be unique. This means we will approach your matter as we approach all matters: with a tailor-made service that fulfils your needs. Contact us now at: (877) 706-3961 to discuss your options.

Is there a statute of limitations (a length of time after which you are unable to seek damages) for seeking redress for bullying?

Although in Ontario, the common limitation period in most of cases is two years, this does not apply to assaults, which occur(ed) when one is/was a minor.

Bill 132, which came into effect in 2016, amended the Limitations Act, 2002 to provide, as follows:

(a) no limitation periods for cases “based on a sexual assault”
(b) no limitation periods for cases “based on any other misconduct of a sexual nature if, at the time of the misconduct, the person with the claim was a minor or if there is an authority, dependence or trust relationship”
(c) no limitation periods for cases “based on physical assault if, at the time of the assault, the person with the claim was a minor or if the parties had an intimate relationship or there is a relationship of dependence”.

Bill 132 provides that these changes are retroactive and apply whenever the acts occurred and regardless of the expiry of any previous limitation period, unless the case is over because it was settled or finally determined by the court.

Why does RLG have two active actions against Havergal?

It is reprehensible when staff and administrators actively further the suffering of the students that they are responsible for protecting and punish those who stand up for themselves by casting them aside, as Havergal did with Jane Doe.

Bryan Wynn, leading entertainment lawyer and Member of Board of Governors, was aware that bullying has been going on at Havergal College for years.

We hope that this action will provide some measure of justice and compensation for Jane Doe, who has directly had her future derailed by the very institution charged with enriching it. We also hope to bring about positive change at Havergal so that young girls and women do not experience the same fate.

Can I provide information about bullying at Havergal (or any other school) anonymously?

Yes. We understand that bullying victims may be hesitant to speak up due to fear they may be attacked again for doing so. We welcome you sharing your truth with us even if you do not wish for your identity to be disclosed publicly or within litigation. Your identity will be safeguarded with the utmost care.

How can parents support their children emotionally during the litigation process?

Parents can offer comfort, stability, and open communication to help kids navigate the emotional challenges of litigation.

Can I sue the school or other parties for failing to protect my child from bullying?

Suing for school bullying is possible if negligence can be shown. Consult a lawyer to assess your case’s legal merit and options.

What legal steps can be taken if my child is a victim of bullying?

Consult a lawyer, gather evidence, inform the school, explore mediation, and consider a restraining order if needed.