We have previously written about “anti-SLAPP” motions brought in the context of defamation claims. “SLAPP” is an acronym for Strategic Lawsuit Against Public Participation. An “anti-SLAPP” motion is a court application brought to seek the dismissal of a claim for defamation on the basis that it constitutes such a strategic lawsuit. Generally, the argument underlying […]
Category Archives: Professional Liability
Auditor Negligence: Insights From the FTX and Prager Metis Case
Auditors serve as critical gatekeepers in the financial ecosystem, ensuring the accuracy and reliability of financial statements. Their role is pivotal in maintaining investor confidence and the overall integrity of financial markets. However, when auditors fail to exercise due diligence, the consequences can be catastrophic, as evidenced by the recent FTX scandal in the United […]
The Impact of ESG Obligations on Director Liability in Ontario
In recent years, Environmental, Social, and Governance (ESG) considerations have taken centre stage in the corporate world, reshaping how businesses operate and are held accountable. Investors, regulators, and consumers increasingly demand that companies prioritize sustainability, ethical practices, and robust governance frameworks. In Ontario, these growing ESG expectations have significant implications for directors, who are tasked […]
When Will Investment Advisors Owe Fiduciary Obligations To Their Clients?
In some contexts, the relationship between an investment advisor and their client may be fiduciary in nature. In that case, damage suffered by a client may lead to a claim against the advisor for breach of fiduciary duty. Where a group of clients suffers damage due to such a breach, it may give rise to […]
Court of Appeal Considers Whether to Dismiss Defamation Claims on Anti-SLAPP Grounds
We previously wrote about defamation actions brought by a Guelph medical diagnostic clinic and its owner in relation to a series of tweets that allegedly cast them in a negative light. In the tweets, the defendant, “SEB,” made statements suggesting that the plaintiff supported homophobia and that gay residents in the City had to seek […]
Proving & Defending Defamation Claims in Ontario
Defamation is a false oral or written statement made by one party to another regarding an individual or organization that harms that individual/organization’s reputation. This can result in legal action if the defamatory statement causes harm to the reputation of an individual or enterprise and is determined to be false. However, the issues arising in […]
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 […]
Court of Appeal Clarifies Modern and Flexible Approach to Defamation Pleadings
To successfully make a claim against another party for defamation, a plaintiff must prove certain elements. The alleged defaming communication must have been made verbally or in writing to at least one-third party, the communication must be in reference to the plaintiff, and the content of the communication must be something that would be considered […]
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 […]
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 […]