Defamation

Defamation


Prud’homme vs. Municipalité de Rawdon
Anne-Julie Perrault has shared with AdIDEM her summary and comments on a decision last March in the Quebec Court of Appeal overturning a number of injunctions and orders against a website and its users. The Court of Appeal held that the presence of some prima facie defamatory comments on a website did not justify ordering the entire website offline.

Defamation


Hunter v. Chandler
The British Columbia Supreme Court applied the new libel defence of Responsible Communication in a non-media case. On this occasion, the defence is unsuccessful.

Defamation


Grant v. Torstar
The Supreme Court of Canada has just given us the new defence of Responsible Communication on Matters of Public Interest...

Defamation


Crookes v. Newton
Hyperlinks to defamatory material on other websites may expose website owners to liability in defamation...

Defamation


WIC Radio Ltd. v. Simpson
The Supreme Court of Canada has reinvigorated the Fair Comment defence. In the process it overturned its own 1979 decision in Cherneskey v Armadale, so that media organizations can publish the opinions of others, without having to agree with those opinions themselves. Justice Binnie, on behalf of the seven member majority, made it clear that the traditional test for the defence does not include a requirement that a court must find "fairness" in the opinion or the person offering it. If the opinion could honestly be held, fairness is in the ear of the beholder. Oh, and Rafe Mair won. Unanimously.