Defamation is a statement made to a third party that is false and damaging to the reputation, finances, or well-being of an individual or organization. Defamation can occur in writing (libel) or orally (slander). When a person is the subject of defamatory statements, it can have a dramatic impact on their career, finances and reputation. […]
Category Archives: Professional Liability
Defamation and Public Discourse
When Does a Lawsuit Become a Tool for Limiting Public Debate? Section 137.1 of the Courts of Justice Act (CJA) grants the ability to bring a motion for the dismissal of any proceeding if that proceeding is aimed at limiting public debate. This step can be taken at any time after a proceeding is commenced and […]
Defamation Hurdles Overcome
The Ontario Court of Appeal (ONCA) in Bondfield Construction Company Limited v. The Globe and Mail Inc. has again had to deal with an appeal from a SLAPP decision of the Ontario Superior Court of Justice (“ONSC”). SLAPP stands for Strategic Lawsuits Against Public Participation or Gag Proceedings which can potentially be dismissed under s. […]
Professional Negligence: The Standard of Care Expert Evidence on a Summary Judgment Motion
The tort of negligence requires a plaintiff to allege and prove four elements. They are 1) a duty of care, 2) a breach of the standard of care, 3) injury caused by the breach and finally, 4) the damages suffered as a result. In many cases, some or all of these elements are obvious and […]
Assessing Damages After An Insolvency
The measure of damages is determined by using the formulae, Loss (L) = Actual Liquidation Deficit (ALD) – Estimated Liquidation Deficit (ELD). The ALD is usually easily determined and agreed upon-it represents the losses suffered at the time of the liquidation of the business’s assets. The ELD is simple in theory but invariably in dispute […]