The problem of hateful communication on the internet has garnered much recent attention. In Caplan v. Atas, Justice Corbett of the Ontario Superior Court of Justice recognized a new common law “tort of internet harassment” to address this issue. The decision comes nearly two years after the Ontario Court of Appeal declined to recognize a…
Tag: Defamation
Ontario Court of Appeal Finds Anti-SLAPP Motions Can Apply To Causes of Action Beyond Defamation
The Ontario Court of Appeal recently released two decisions which consider the Strategic Litigation Against Public Participation (SLAPP) provisions of the Courts of Justice Act. The provisions are aimed at discouraging actions that have the harmful effect of chilling individuals and organizations from speaking out on matters of public interest. The first decision of the…
Supreme Court of Canada Considers Ontario’s “Anti-SLAPP” Legislation
The Supreme Court of Canada recently released companion decisions interpreting Ontario’s “anti-SLAPP” legislation. The decisions, Bent et al. v. Platnick, et al. and 1704604 Ontario Ltd. v. Pointes Protection Association, et al. were the first to consider the new statutory regime under s. 137.1 of the Courts of Justice Act. The anti-SLAPP (“strategic litigation against…
Appellate Court Confirms Employer not Liable for Defamation for a Negative Reference Where the Reference is True
The Divisional Court has affirmed that an employer is not liable for defamation where a candid and truthful reference about a former employee has been provided. In Papp v Stokes et al, the plaintiff had sued his former employer (Stokes Economic Consulting) and its President (Ernest Stokes) for defamation, wrongful dismissal, punitive, exemplary and aggravated…
Ontario Court Finds Investment Firm Liable for Defamation in a Notice Of Termination Filed with IIROC and Orders Correction
The Ontario Superior Court has found that an investment firm defamed one of its former traders when it filed a Notice of Termination (NOT) with the securities regulator indicating the trader’s employment had been terminated for failing to follow trading policies and engaging in unauthorized trading. The Court concluded that there was no cause for…