Considering putting a hyperlink on your website or blog? The case Crookes v Newton, 2009 BCCA 392 [Crookes], may give you pause to reconsider. Although the British Columbia Court of Appeal ("BCCA") held in Crookes that a website owner will not be liable for hyperlinking to defamatory sites, the decision left a number of unanswered questions […]
Journalists, lawyers, police officers, and students of evidence law are still awaiting the Supreme Court of Canada's ("SCC") decision on the scope of 'informer-journalist' privilege in R v The National Post, 2008 ONCA 139 [National Post], arguments heard May 22, 2009. I do not intend to try my hand at divining the result or the Supreme Court's eventual reasoning in […]
On December 22, 2009, the Supreme Court of Canada ("SCC") issued its judgment in Grant v Torstar Corp, [2009] 3 SCR 640 [Grant v Torstar] establishing a new "responsible communication" defence to the tort of defamation. Much has already been said about the decision in media and journalistic circles and the decision has been hailed as […]