April 1, 2016
John v Ballingall et al 2016 ONSC 2245
This decision from the ONSC states unambiguously that online publication of a newspaper article is subject to the notice and limitation provisions in the Libel and Slander Act “unless specific facts dictate otherwise.”
In this conclusion, Justice Trimble follows the Court of Appeal decision in Weiss v. Sawyer and distinguishes the more recent ONCA decision in Shtaif on its facts.
It also points out that Shtaif was a summary judgment decision that was rendered before the amendments to Rule 20 and the SCC’s decision in Hryniak.