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…
Tag: Defamation
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…
The Truth Hurts: Employer Not Liable In Defamation For Bad Reference Because It Was True
The Ontario Superior Court has affirmed that employers are not liable for defamation when they provide candid and truthful references about former employees. In Papp v Stokes et al, 2017 ONSC 2357, the plaintiff, Adam Papp, worked as an economist for Stokes Economic Consulting for 2.5 years when his employment was terminated without cause in…