June 14, 2012
Baglow v. Smith

The Ontario Court of Appeal allows the appeal and directs that the action in which a blogger sued another for defamation proceed to trial. The Court finds that because there is no existing case law which examines whether different legal considerations apply in determining whether a statement is or is not defamatory in the “blogosphere” than apply to the publication of an article in a traditional media outlet, a trial will permit “important conclusions to be formulated on the basis of a record informed by the examination and cross-examination of witnesses and quite possibly with the assistance of expert evidence”.