It is established law that corporations, like individuals, can sue when they are defamed, but the damages to which a successful corporation may be entitled are generally calculated differently. The recent decision of the Court of Appeal in James Bay Resources Limited v. Mak Mera Nigeria Limited provides a helpful outline of the principles that […]
Category Archives: Defamation
Norwich Orders and Claims of Defamation Online
We have previously written about Norwich orders and the requirements for obtaining one from a court. Earlier this year, the Ontario Superior Court of Justice released a decision analyzing this remedy in the context of a complex online defamation dispute. Dispute Arose From Petition Published on the Change.org Website The case of Lesser v. Meta […]
The Defence of Fair Comment in Defamation Claims
Defamation is a powerful legal concept designed to protect an individual’s reputation. But what happens when that protection clashes with another fundamental right: freedom of expression? The law recognizes that not every negative statement is defamatory, especially when it’s an opinion on a matter of public interest. This is where the defence of “fair comment” […]
When Is “Absolute Privilege” Available as a Defence to a Claim of Defamation?
We have previously written about what a plaintiff must establish to bring a claim for the tort of defamation successfully. Various defences are available to parties sued for defamation, including fair comment and qualified privilege. The Superior Court of Justice recently considered another defence to such a claim: “absolute privilege.” The case offers a useful […]
Injunctive Relief in Defamatory Actions
In today’s digital age, where information spreads like wildfire, safeguarding one’s reputation has never been more important. Individuals now have the power to make defamatory statements about someone by simply typing a few words and hitting “send” or “post.” As a result, defamation claims are a common cause of action, as false statements about a […]
Failure to Disclose Settlement Agreement to Other Defendants Constitutes Abuse of Process
Parties to litigation have ongoing disclosure obligations, including a plaintiff’s responsibility to disclose a settlement agreement to other non-settling defendants immediately. This is particularly important as a settlement agreement can drastically change litigation dynamics, particularly concerning the relationship between the plaintiff and the settling defendant and the conduct of the settling defendant throughout the remainder […]
Online Employer Reviews not a Matter of Public Interest
We have previously written about defamation cases involving individuals who had posted their opinions of various businesses and were subsequently sued for defamation, only to have the defendant seek a dismissal on the basis of issues pertaining to the public interest. In Zoutman v. Graham, for example, the owner of a medical clinic brought a […]
Be Careful What You Tweet: Court Dismisses Defamation Cases as Anti-SLAPP
In September of last year, we wrote about a situation that had been making headlines, in which the owner of a medical diagnostic clinic in Guelph had filed a $6 million defamation claim against a local married couple, SEB and KEB. The claim arose out of the fact that SEB had shared tweets made by […]
Ontario Nurses Disciplined for Covid Comments Launch Libel Suit
As a professional, being the subject of an investigation or disciplinary hearing is not something anyone wants to endure. The potential consequences of a finding of negligence, professional misconduct, or other wrongs can be significant and can include fines, practice limitations or restrictions, suspension or revocation of professional licenses, and even criminal charges. Findings of […]
When Cancel Culture Invites Damages for Defamation
Earlier this year, we wrote about a pending case in Guelph, Ontario, in which a medical imaging clinic brought a $6 million claim for defamation against a couple stemming from negative social media posts. In that case, which has yet to be heard, one-half of the defendant couple had posted online about allegedly homophobic comments […]