Case Law, Canada: Doe 464533 v ND, The Secret is out, US Privacy Torts are coming – Ryder Gilliland and Thomas Lipton

4 02 2016

Ontario_Superior_Court_of_JusticeOn 21 January 2016, in Doe 464533 v. ND (2016 ONSC 541) the Ontario Superior Court of Justice recognized, for the first time in Canada, the privacy tort of “publication of embarrassing private facts”. Read the rest of this entry »





Case Law, Canada: Warman v Fournier, Appeal dismissed, operators of website and liable for internet defamation – David Potts

29 12 2015

Free-Dominion-Libel-1024x843The Ontario Court of Appeal has dismissed the appeal in Warman v. Fournier (2015 ONCA 873).  The Court upheld the judgment of Justice Robert J. Smith and a jury in which the appellants were found liable in defamation for publication of 41 statements on two websites. The jury had awarded the respondent general, aggravated and punitive damages of CDN$42,000 and had granted a permanent injunction against them. Read the rest of this entry »





Case Comment, Canada: AM v Toronto Police Service, A presumption of notice to the media for anonymization applications? – David Potts

17 10 2015

Ontario_Superior_Court_of_JusticeIn the case of A.M. v Toronto Police Service (2015 ONSC 5684) the Divisional Court of the Ontario Superior Court of Justice examined a narrow but important question of  the obligation of notice to the media when a party is seeking an anonymization order. In this case, within an application for judicial review, the applicant AM applied  for an order permitting him to pursue the application using only his initials. Read the rest of this entry »





Case Law: Canada, Frank v Legate, Libel claim struck out as statements not capable of being defamatory and action an abuse – David Potts

4 10 2015

LegateOn 18 September 2015 in the case of  Frank v. Legate (2015 ONCA 631) the Ontario Court of Appeal dismissed an appeal from  the order of a motions court judge striking out the appellant’s  statement of claim on the ground that it did not disclose a reasonable cause of action. The Court also held that the claim was also an abuse of process and could also have been struck out on that basis. Read the rest of this entry »





Case Law, Canada: Niemela v Google Inc, British Columbia Court dismisses claim for worldwide libel injunction against Google – Hugh Tomlinson QC and Sara Mansoori

24 07 2015

Google-Logo-Stone-WallIn the case of Niemela v Google (2015 BCSC 1024) the Supreme Court of British Columbia dismissed a claim for a worldwide interim libel injunction against Google by a Vancouver lawyer who had been subject to online abuse by someone he alleged to have been a former client.  The Judge entered summary judgment for Google on the whole action. Read the rest of this entry »





Case Law, Canada: Equustek Solutions Inc. v. Google Inc, Appeal against worldwide Google blocking injunction refused – Hugh Tomlinson QC

8 07 2015

Vancouver-Law-Courts.preview-300x218On 11 June 2015, the Court of Appeal for British Columbia handed down judgment in the controversial case of Equuestek Solutions v Google Inc (2015 BCCA 265) dismissing Google’s appeal against a worldwide injunction ordering it to remove websites from search results (2014 BCSC 1063). The interim injunction therefore remains in place. Read the rest of this entry »





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 »








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