Bear6360 said:
Isn't this litigation taking place in Canada? They're starting to act like us over there.
Frankly, I think his parents are tryin' to score some bucks. Why doesn't the school sue him for misappropriation of school equipment? If the Raza's claim isn't insane, then what is?
Slander is one thing, but what's up with this? What leg do the parents have to stand on? When was teasing against the law?
For some reason I felt compelled to answer this topic, Bear6360.
Canada is a common-law jurisdiction like the USA (98%) and UK, and not civil-law like Louisiana and Europe. I don't know the intricacies of Canadian tort law, but from the article it sounds like the claim they have brought against the kids is for "maliciously turning their son into an object of mockery." Whether or not that is a cause of action that is recognized in Canada, I don't know, but I would assume so (or their lawyer should have called it something else that did exist.)
In the US such a claim could probably be called intentional/negligent infliction of emotional distress. In order for him to "have a case" he would need to meet the required elements of the cause of action. The relevant Canadian law may require a physical manifestation of the effect that the mockery has had on him, or require some amount of public humiliation, in addition to other requirements that he probably does meet. (Like a connection between their actions and his distress, a physical manifestation of his injury, i.e. trouble sleeping, etc.) And, of course, that is all theoretical; in the real world anything can happen and does happen, despite what "the law" says.
Being in Canada, I wouldn't expect a high jury verdict. Their world view has resulted in a civil justice system that works more in terms of making the victim whole than making the victim rich and their lawyer richer.
As for whether it is 'right,' I can't really help you there. There is no quick fix for the system. As ridiculous and offensive as some of the lawsuits can be (far more than this one, if you happen to think it is offensive), there is no satisfactory way to separate them out before they are filed and no workable way to limit one's right to file them (excluding prisoners).
In the US, there is less of an incentive to avoid frivolous claims, as the loser normally does not have to pay the winner's attorneys' fees. I believe the opposite may be true in Canada.