Defamation and Libel
Weighing the Public Interest: SCC Applies the Pointes Anti-SLAPP Analysis in Bent v Platnick
Does protecting an individual’s freedom of expression supersede protecting those harmed by it? Where does the public interest lie within this analysis? These are the questions that the Supreme Court of Canada (“SCC”) grappled with in the recent decision of Bent v Platnick, 2020 SCC 23 [Platnick], decided alongside 1704604 Ontario Ltd. v Pointes Protection Association, 2020 SCC 22 [Pointes]. This […]
1704604 Ontario Ltd. v Pointes Protection Association: SCC Has its Say on Anti-SLAPP Legislation
The Supreme Court of Canada (“SCC” or “the Court”) in early September released its much-anticipated decisions in 1704604 Ontario Ltd. v Pointes Protection Association, 2020 SCC 22 [Pointes] and Bent v Platnick, 2020 SCC 23 [Bent]. In Pointes and Bent, the Court was tasked with interpreting s. 137.1 of the Ontario Courts of Justice Act, […]
Defamation in the Twitterverse: Levant v Day
Introduction It is by the goodness of God that in our country we have those three unspeakably precious things: freedom of speech, freedom of conscience, and the prudence never to practice either of them. – Mark Twain, Following the Equator What does harm to the reputation of a polarizing public figure entail? What is the […]
Haaretz.com v Goldhar : The SCC Analyzes Legal Jurisdiction in the Internet Age
As the extensive reach of the Internet continues to blur borders, so too are issues of legal jurisdiction increasingly entwined. Courts are now frequently called upon to reconcile a once novel question: are our current laws still appropriate in a digital age? The rise of the Internet particularly challenges Canadian courts to determine when they […]
Snoop Dogg Clickbait and Free Speech: How the Challenges of Canadian Political Campaigns Will Test Ontario’s New Anti-SLAPP Legislation
In the past few months, Canadians have focused, often in disbelief, on the spectacle that is the 2016 United States Presidential Election. The latest controversy revolves around a New York Times article entitled “Two Women Say Donald Trump Touched Them Inappropriately.” Regardless of its contents, the article’s title alone is enough to send any political campaign into […]
For Pre-Trial Issues, It’s Not a Matter of Proof: Gaur v Datta
Judges should assume facts in claims are true when considering whether to strike out a pleading under Rule 21 of Ontario’s Rules of Civil Procedure (“Rules”). In a case earlier this month, Gaur v Datta, 2015 ONCA 151, the Ontario Court of Appeal overturned a motion judge’s ruling in a 3-0 decision, allowing the appellants […]