Case Law, Canada: Baglow v Smith, defence of “fair comment” succeeds in landmark blogging libel case

5 03 2015

free-dominion-libel-1024x843The long running and high profile “blogger defamation” case of Baglow v Smith has been determined in the defendant’s favour.  In a judgment handed down on 23 February 2015 ( [2015] ONSC 1175), the Ontario Superior Court of Justice held that the operators of a right wing message board were publishers of defamatory material concerning a left wing blogger.  However, the claim failed because defendants were entitled to rely on the defence of “fair comment”,  The case addressed, for the first time, a number of issues concerning “blogging and the law of defamation. Read the rest of this entry »





Case Law, Canada: Weaver v Corcoran, Reader postings are not defamatory but newspapers must remove and retract defamatory articles – Ryder Gilliland

24 02 2015

dr-andrew-weaver-with-th-001The recent decision of the Supreme Court of British Columbia in Weaver v. Corcoran, 2015 BCSC 165 makes noteworthy and novel findings as pertains to online defamation and remedies for defamation. Read the rest of this entry »





Case Law: Canada, Awan v Levant, Judge finds that allegations by right wing commentator were baseless and made maliciously

29 11 2014

awan-levantOn 27 November 2014, the Ontario Superior Court of Justice handed down judgment in the much discussed case of Awan v. Levant [pdf]. Justice Wendy Matheson awarded damages of Can$80,000 to the plaintiff, lawyer Khurrum Awan, against the conservative political commentator, journalist and blogger Ezra Levant. Read the rest of this entry »





Case Law, Canada: Equustek Solutions v Jack, worldwide injunction against Google ordering removal of websites from search results – Hugh Tomlinson QC

26 06 2014

logoIn the case of Equustek Solutions Inc. v Jack (2014 BCSC 1063) the Supreme Court of British Columbia granted a remarkable interim injunction against Google Inc ordering it to stop indexing or referencing certain websites in its search results everywhere in the world.  In the course of the judgment the Judge considered a number of issues of general importance regarding orders against third parties engaged in worldwide e-commerce.  Google has indicated it will appeal. Read the rest of this entry »





Case Law, Canada: R v Spencer, Warrant required for ISPs to disclose subscriber information – Iris Fischer

20 06 2014

Canada Supreme CourtIn a landmark privacy decision, R. v. Spencer, (2014 SCC 43), the Supreme Court of Canada has ruled that individuals have a reasonable expectation of privacy in Internet usage information, and that law enforcement authorities who wish to obtain subscriber information from ISPs must, in most circumstances, do so pursuant to a warrant. Read the rest of this entry »





Case Law, Canada: Shtaif v Toronto Life, Ontario Court rejects single publication rule – Ryder Gilliland and Max Shapiro

12 07 2013

Court of AppealOn 17 June 2013, the Ontario Court of Appeal in Shtaif v. Toronto Life Publishing Co. Ltd. rejected applying the “single publication rule” in Ontario and clarified the circumstances when defamation and negligence claims can be brought concurrently. Read the rest of this entry »





Case Law Canada: Saskatchewan (Human Rights Commission) v Whatcott, Supreme Court upholds hate speech provisions – Aileen McColgan

15 03 2013

Bill_WhatcottIn Saskatchewan (Human Rights Commission) v Whatcott 2013 SCC 11 Canada’s Supreme Court considered the balance between equality rights and rights to freedom of expression and religion.  It upheld the central “hate speech” provisions in the Saskatchewan Human Rights Code, although struck down some of the code’s wording in a case prompted by flyers handed out by a religious anti-gay activist, Bill Whatcott. Read the rest of this entry »








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