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defamation

A View to a Kill: Montreal ‘Body Parts’ Murder Brings Array of Secondary Legal Issues

When suspected Montreal “body parts” killer, Luka Magnotta, was detained in Berlin on June 4 following an international manhunt, only one small piece of a complex legal web was resolved. In addition to the ongoing murder investigation, digital issues involving web hosting of explicit content and concerns about trademark denigration have been thrust to the […]

Spat Between Pilot and Attendants’ Unions Results in Intrusive Disclosure Order

In Manish Patel v Unite, [2012] EWHC 92 (QB), a pilot, who claims he was defamed and harassed by postings on the British Airline Steward and Stewardesses Association (BASSA) forum, applies to the court for an order to allow an independent expert to copy and examine the forum database in order to identify who posted […]

Is Anyone Listening?

The idea of surreptitiously recording confidential conversations as material to be used against someone comes straight out of spy movies and thriller novels. The act itself is clearly reprehensible but it is surprisingly difficult to determine whether legal liability subsists. The actual practice of recording conversations without consent is governed by various criminal, privacy and […]

IP Osgoode 2011: A Transformative Year for Intellectual Property and Technology

Pauline Wong is the Assistant Director of IP Osgoode. Mekhala Chaubal is a JD candidate at Osgoode Hall Law School. 2011 will be remembered as a year of social movements and political upheavals in many parts of the world. This trend of transformation and development extended to Canadian and international intellectual property law. As a […]

Digital Media, Freedom Of Expression, And The Evolution Of Journalism

Sue Gaudi is the Vice-President, General Counsel and Corporate Secretary at The Globe and Mail Inc. She presented the following talk at a lecture to students in IP Osgoode’s internship program, the Intellectual Property Law and Technology Intensive Program (IP Intensive). We are very pleased that The Globe and Mail is hosting one of our […]

Crookes v Newton, 2011 SCC 47 – Hyperlinkers Not Liable For Linked Defamation

Daniel Burnett is a partner at Owen Bird Law Corporation and appeared before the Supreme Court of Canada on behalf of the Respondent/Defendant, Jon Newton, in this matter. [IP Osgoode:  At our request, Robert Kasting, Barrister & Solicitor, who appeared before the Supreme Court of Canada on behalf of the Appellants/Plaintiffs, Wayne Crookes and West Coast […]

Crookes v Newton: SCC Holds That Hyperlinking Was Not Defamatory

Pauline Wong is the Assistant Director of IP Osgoode. Today, the Supreme Court of Canada released its decision in Crookes v Newton, which considers whether the author of a website article can be liable for defamation by hyperlinking to defamatory material on the Internet.

EU Court Quashes F1 President’s Quest For Stronger Privacy Protection For Celebrities

Danny Titolo is a JD candidate at Osgoode Hall Law School. Former Formula One president, Max Mosley, recently launched a complaint attempting to strengthen privacy protections for public figures. If the legal bid were successful, it would require news organizations to notify individuals who were the subject matter of a publication. The European Court of […]

French Academic Libel Case considers who has Jurisdiction on the Internet?

Mark Kohras is a JD candidate at Osgoode Hall Law School. On March 3 2011, a ruling was made in a highly anticipated French libel case. The case, involving a defamation claim for posting a critical book review on the internet, was highly anticipated for two reasons. First, because of the potential chilling effect on book reviews. […]