Defamation

Defamation


Crookes v. Newton, SCC
The Court is unanimous in its dismissal of the appeal. The majority describes hyperlinks as "references", fundamentally different from publication.

Defamation


A.B. v. Bragg Communications Inc., 2011 NSCA 26
A young person started a defamation claim using initials and simultaneously applied for a publication ban. CMLA members including Nancy Rubin and Al Parish, acting on behalf of media clients successfully intervened and the Nova Scotia court firmly rejects the proposition that a defamation plaintiff (even a young person) can start an action anonymously.

Defamation


Bou Malhab v. Diffusion Métromédia, 2011SCC9
The Supreme Court overturns a class action award by Quebec's Superior Court of damages to a non-profit organization representing all members of the class. The Court held that no reasonable person would have taken the impugned comments seriously or believed that they applied to all members of the class.

Defamation


Spiller v Joseph, 2010 UKSC 53
Summary Coming Soon.

Defamation


Turmel v. CBC (Dragons’ Den), 2010 ONSC 5318
While the Ontario Court agrees that The Dragons on CBC's television show Dragon's Den were "unkind" to the plaintiff, the failure to properly serve a notice of libel under the Libel and Slander Act serves as grounds for summary dismissal. Justice Lofchik also generously takes time to consider whether the plaintiffs unplead breach of contract claim reveals a genuine issue. Here the consent form, signed by the plaintiff effectively bars any such claim. This case serves as an example of the effectiveness of the libel notice requirements as well as the prudence of requiring consent forms.