Turmel v CBC (Dragon’s Den): Leave to SCC Denied
Following up on a story we discussed earlier this year (Turmel v CBC (Dragons’ Den) – Enforceability of Depiction Releases), the Supreme Court of Canada has denied leave to appeal to the plaintiff in...
View ArticleBaglow v Smith: Appeal Court Sets Aside Summary Judgment and Orders Trial
A further development in what could become a precedent-setting case involving online political discourse and blogs: the Ontario Court of Appeal has set aside the order of summary judgment in Baglow v...
View ArticleCourt Provides SLAPP Relief – But Not Enough
In 2010, Ontario’s Anti-SLAPP Advisory Panel released released its Report to the Attorney-General. (A ”SLAPP” is a “Strategic Lawsuit Against Public Participation” – a lawsuit intended to silence...
View ArticleManson v John Doe – Damages for Anonymous Online Defamation
The recent decision of the Ontario Superior Court of Justice in Manson v John Doe (2013 ONSC 628) offers an opportunity to reflect on both the procedures and outcomes of pursuing court actions for...
View ArticleEnforceability of Depiction Releases Redux – MHR Board Game Design v CBC
Whatever else one might want to say about the CBC television series Dragons’ Den, this much is indisputable: no other television show in Canadian history has been as important for advancing the state...
View ArticleIf You Know About It, You’re the Publisher – Website Operator Liability for...
The first few months of 2015 have brought some welcome direction from Canadian courts regarding the liability of operators of websites for defamatory postings on their websites made by third parties....
View ArticleCrookes v Newton – Hyperlinks and Liability
It’s been an exciting few years (relatively speaking) for defamation law in Canada: in 2008 the Supreme Court of Canada handed down its decision in WIC Radio Ltd. v. Simpson 2008 SCC 40, which modified...
View ArticleCrookes v Newton – Follow-up Commentary
In the wake of this month’s Supreme Court of Canada decision in Crookes v. Newton 2011 SCC 47 (for previous Signal discussion on the topic, see here) there has been an outpouring of news stories and...
View ArticleCorrecting Media Errors in a Digital Environment
The Ethics Advisory Committee of The Canadian Association of Journalists has published their Best Practices in Digital Accuracy and Corrections, which seek to provide guidance for online implementation...
View ArticleBaglow v Smith – Court Clarifies Its Ruling
A couple of months ago we reported on the Ontario Superior Court of Justice in Baglow v. Smith (2011 ONSC 5131). The decision was noteworthy because it addressed the nature of a defamatory statement...
View ArticleCrookes v Newton – More Follow-up Commentary
Since October’s Supreme Court of Canada decision in Crookes v. Newton 2011 SCC 47 (for previous Signal discussion on the topic, see here) there has been an outpouring of news stories and commentary,...
View ArticleTurmel v CBC (Dragon’s Den): Leave to SCC Denied
Following up on a story we discussed earlier this year (Turmel v CBC (Dragons’ Den) – Enforceability of Depiction Releases), the Supreme Court of Canada has denied leave to appeal to the plaintiff in...
View ArticleDefamation and the new simplified procedure regime
At the beginning of the year, the legislature amended Ontario’s simplified procedure regime set out in Rule 76 of the Rules of Civil Procedure, RRO 1990, Reg 194. It did so to streamline and simplify...
View ArticleAssignment of Copyright as a Remedy for Defamation
A variety of news outlets have reported on the defamation action launched by scientist Andrew Weaver against the National Post, […]
View ArticleWarman v Fournier – Defamation Actions and the Balancing Act
Matthew Nied, writing at the Defamation Law Blog, provides a comprehensive analysis of the Ontario Divisional Court’s decision in Warman v […]
View ArticleOnline Defamation – The Need for Digital Corrections
The recent English Court of Appeal decision in Flood v Times Newspapers Ltd. [2010] EWCA Civ 804 provides some useful […]
View ArticleI Was Kidding! Humour and Defamation
To what extent is "I was just joking" a defence to a defamation claim? Laura Little has written "Just a […]
View ArticleDamage Awards in Internet Defamation Cases
Matthew Nied has written a very interesting and well-researched article (published by the Alberta Law Review Supplement) (hat tip: slaw) calling […]
View ArticleCrookes v Newton – Liability for Hyperlinks?
The Supreme Court of Canada is this morning hearing oral arguments in the case of Crookes v Newton, which will […]
View ArticleOntario Anti-SLAPP Report
The Ontario government has released the Report to the Attorney-General of the Anti-SLAPP Advisory Panel. (A “SLAPP” is a “Strategic Lawsuit Against Public […]
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