Wray v Associated Newspapers Ltd, Extra Division, 23 January 2002: defence
of action for defamation brought by Member of Parliament.
Appa UK Ltd v Scottish Daily Record & Sunday Mail 2008 S.C. 145: defence
of action for defamation brought by a company accused of exploitative selling practices.
Not exact matches
Counsel
for the 1st Defendant (Tiger Eye PI) took the view that in the event
of a violation
of the confidentiality rule the party affected may take
action in
defamation.
Activist and Author David Mixner Freedom to Marry Executive Director Evan Wolfson Gay and Lesbian Alliance Against
Defamation President Jarrett Barrios Board Chair
of the Empire State Pride Agenda Frank Selvaggi Human Rights Campaign New York Marriage Director Brian Ellner Former Chief
of Staff to Minority Leader Dick Gephardt and Deputy Campaign Manager to John Kerry
for President Steve Elmendorf Senior Vice President
for External Affairs at the Center
for American Progress Winnie Stachelberg Democratic National Committee Treasurer Andy Tobias Former Clinton White House Advisor Richard Socarides Academy Award Winning Producer and AFER Board Member Bruce Cohen Gill
Action Fund Executive Director Patrick Guerrero Gill
Action Fund Deputy Executive Director Bill Smith
The Chief Executive Officer
of the Ghana Trade Fair Company Limited, Dr. Agnes Adu, is threatening to take legal
action against suspended General Secretary
of People's National Convention (PNC), Atik Mohammed
for defamation.
After the inquest I will look to take legal
action for defamation in respect
of these allegations.»
Stressing that a free press is the fourth pillar
of any democracy, it said, «If Abusidiq has published any falsehood, we urge the Buhari - led Federal Government to file an
action for defamation.»
Additionally, where the judgment in an online
defamation claim under simplified rules is successful in obtaining an order
for monetary damages
of $ 100,000 without obtaining an order to remove blog posts, the plaintiff may be denied costs on the
action.
The amendment complaint, which seeks more than $ 50 million in damages, added retaliation and
defamation claims to the U.S. District Court
for the District
of Columbia
action, but drops a Family and Medical Leave Act charge, «as we are focusing on Bertram's core allegations
of gender discrimination and retaliation, which still includes discrimination based on her caregiver responsibilities,» Andrew Melzer, one
of her lawyers, told the ABA Journal.
Civil law grants to individuals the right to sue
for compensation or
for specific
action in matters such as breach
of contract,
defamation and negligence.
Lucas has litigated a variety
of matters, including
actions for breach
of contract, interference torts, unfair business practices, misappropriation, copyright and trademark infringement, profit participation claims, idea submission claims, and media torts including
defamation, invasion
of privacy, right
of publicity and misappropriation
of name and likeness in all media, including the Internet.
The Superior Court
of Justice has refused to grant a plaintiff's motion
for an order requiring the defendants in a
defamation action to reveal the identity
of anonymous blog commenters.
This article provides,
for the first time in Canada, a wide range
of quantitative data about
defamation actions that can inform the policy debate.
Finally, since the soda company is a public entity
for the purposes
of defamation law, they would have to prove that your
actions were malicious... so if you claimed this in what is clearly a farcical literature or intended it to be, you're off the hook.
Absent the existence
of special damages,
defamation actions should rarely be brought
for monetary reasons alone.
Social media has created many challenges
for business, including disparate issues such as violations
of copyright, trade - marks, confidential information, and privacy, as well as pushing the boundaries on things such as
defamation and employer control over employee
actions.
It may,
of course, be possible to sue the complainant
for defamation or even to bring an
action for malicious prosecution; a lawyer would have to advise on this, but the mere fact
of acquittal is certainly not enough to found an
action.
Although SLAPPs can take a variety
of forms, many come in the form
of a legal
action for defamation or libel or
for other civil claims including interference with contractual relations.
Notable mandates: Successfully represented Toronto mayor Rob Ford in a libel and
defamation action; representing former Liberal MP Borys Wrzesnewskyj in litigation proceeding contesting election in Etobicoke Centre; acting on the establishment
of a large residential real estate private equity fund; a complex reorganization
of an existing real estate private equity fund into private REIT, the investors in which include several
of Canada's largest pension plans and mutual funds; acted
for the purchaser in excess
of 230 quick service restaurants in Ontario, B.C., and Quebec; acted
for management in a proxy dispute involving an interlisted TSX and ASX company, involving various interest holders in several international jurisdictions; represented Pharmascience Inc. at Federal Court
of Canada; represented clients such as Apotex Inc. in trademark dispute; represented Canadian Generic Pharmaceutical Association in matters before the Trademark Opposition Board.
Notable mandates: Represent the plaintiffs in a proposed class
action against provincial law enforcement agencies regarding allegedly negligent use
of breathalyzer machines; acts
for hundreds
of pre-sale contract holders with various condominium developments who are disputing their requirement to close under consumer protection laws; defended a law firm in a four - week hearing over enforcement
of a significant contingency fee agreement; acted
for a number
of clients in online
defamation cases
Goldhar commenced a
defamation action in Ontario against the newspaper, its former sports editor and the author
of the article; Haaretz moved to stay the
action, arguing that Ontario courts lack jurisdiction simpliciter or, alternatively, that Israel is a more appropriate forum
for the
action.
Omar, I'm not sure
of the priority — it's not clear to me that the constitutional permissibility
of a
defamation action is less strong than that
of a disciplinary proceeding
for incivility on a private communications network.
A. applied
for summary judgment on the grounds that it was plain and obvious the
defamation claim could not succeed because the statement alleged to be defamatory was protected by absolute privilege and the remainder
of the pleadings disclosed no reasonable cause
of action.
Given evidence
of the blatant nature
of Mr. Rancourt's defamatory speech — its blatant falsity and overt malice — it would have easily passed even the lowest threshold
of requirements
for a successful
defamation action in the US.
The only possible liability
for a truthful and accurate disclosure
of fact is a
defamation action (in the absence
of a privacy clause in the contract) and this is truthful so it would not violate anyone's legal rights.
While Canadian judges, like their Commonwealth siblings, are unwilling to adopt a New York Times v. Sullivan6 - type approach to
defamation law (which would require public figure plaintiffs to prove actual malice in order to be successful at trial), doctrinal and technological developments point in favour
of an adapted cause
of action for public figure plaintiffs under Canadian law.
Expressly conceptualizing reputation within its proper context (i.e., recognizing its contingent and constructed nature and taking account
of the new mechanisms available to individuals to affect that construction) should lead to an adaptation
of defamation law into two related but distinct causes
of action: one
for individuals who lack the resources and wherewithal to actively construct their reputation and one
for public figure individuals who do possess those advantages.
Moreover, the
defamation action is arguably the most personal
of all, and
for all employees but those who are «the face
of the business,» harm to an employer's reputation will not likely flow from harm to its employees» reputations.
Ill - thought disciplinary
actions can bring trouble
for employers, who can face claims
of constructive dismissal and
defamation.
Notable mandates: Successfully represented former Toronto mayor Rob Ford in a libel and
defamation action; representing former Liberal MP Borys Wrzesnewskyj in litigation proceeding contesting election in Etobicoke Centre; acting on the establishment
of a large residential real estate private equity fund; a complex reorganization
of an existing real estate private equity fund into private REIT in a matter involving investors such as Canada's largest pension plans and mutual funds; acted
for the purchaser in excess
of 230 quick - service restaurants in Ontario, B.C., and Quebec.
Another key provision
of the bill is that the statute
of limitations to bring an
action for defamation, should an item be libelous, would start when an article is removed from the Internet, not when it was first published.
Notable mandates: Represented physicians involved in providing care to Ashley Smith during the 2013 coroner's inquest; acted
for Ontario Premier Kathleen Wynne in a
defamation action against Ontario Progressive Conservative party leader Tim Hudak and energy critic Lisa MacLeod; in Wise v. Iran, acted
for a Canadian victim
of a suicide bombing (executed by individuals who received material support from Iran) who sought leave to intervene in ongoing proceedings commenced by United States plaintiffs in the Ontario Superior Court
of Justice seeking orders recognizing the enforceability in Ontario
of judgments they obtained from a U.S. court against Iran totaling about $ 370 million; in Khadr v. Edmonton Institution, acted as lead counsel
for an intervener, the Canadian Civil Liberties Association, to argue that in interpreting Omar Khadr's sentence
for the purpose
of enforcing it in Canada, Correctional Services Canada was obliged to consider Khadr's right to liberty and principles
of fundamental justice; acted
for a physician in a malpractice claim in Moore v. Getahun, a precedent - setting case about restrictions on communication between counsel and experts in preparation
of expert reports.
Guergis»
action against Harper and his ministers
for conspiracy,
defamation, misfeasance in public office, intentional infliction
of mental suffering, and negligence was dismissed on the basis that the former prime minister's decisions were protected by the exercise
of Crown privilege and parliamentary prerogative.
For the Court of Appeal, this document was «obviously» relevant to proof of the alleged slander: «It would be odd indeed for a trial judge in a defamation action to have before him or her only a redacted record of an alleged slander&raqu
For the Court
of Appeal, this document was «obviously» relevant to proof
of the alleged slander: «It would be odd indeed
for a trial judge in a defamation action to have before him or her only a redacted record of an alleged slander&raqu
for a trial judge in a
defamation action to have before him or her only a redacted record
of an alleged slander».
Though the judge considered numerous factors under this analysis, she was particularly
of the view that the appropriate law
for multi-jurisdictional online
defamation actions should be the law where the most substantial harm to reputation was incurred, not necessarily the law
of each jurisdiction where it is alleged that reputation in that jurisdiction was damaged.
Other work: He has acted
for Puff Daddy in a passing off
action over his use
of the name «Diddy»; and
for the Independent Newspaper, its editor and the journalist in a
defamation claim brought against them by Lord Ashcroft.
Perhaps a better balance could be struck by continuing to bolster defences to
defamation (see
for example the defence
of fair comment in British Chiropractic Association v Singh) or (whisper it) by reducing the costs
of bringing and defending a
defamation action.
Notable mandates: successfully represented former Toronto mayor Rob Ford in a libel and
defamation action; representing former Liberal MP Borys Wrzesnewskyj in litigation proceeding contesting election in Etobicoke Centre; acting on the establishment
of a large residential real estate private equity fund; acted on a complex reorganization
of an existing real estate private equity fund into private REIT in a matter involving investors such as Canada's largest pension plans and mutual funds; acted
for the purchaser in excess
of 230 quick - service restaurants in Ontario, B.C. and Quebec.
[1] The plaintiff, Mahmoud Elfarnawani, has commenced an
action against the defendants, the International Olympic Committee (IOC) and its internal Ethics Commission (EC), claiming damages
for the torts
of defamation, breach
of a duty
of good faith, and abuse
of process.
The appeal arose from a Rule 21.01 (1)(a) motion
for online
defamation, where the motions judge disposed
of the
action stating,
Has the Plaintiff met the legal test
for an interlocutory injunction in the context
of a
defamation action?
In addition to the issue
of disproportionality between the cost
of bringing an
action and the interest at stake, Justice Lucy McCallum had to determine the applicable law on
defamation for search engines.
You'll likely have read about the effort by Stephen Harper and assorted other defendants to have Helena Guergis's statement
of claim
for defamation and all manner
of other unkindness thrown out as failing to disclose a reasonable cause
of action and
for raising non-justiciable issues.
If you have considered those questions (4 and 5) and have concluded that the defence
of responsible communication should succeed, then you should answer «No» to question 8, since it would be inconsistent with the recognition
of the place
of responsible communication in the balancing exercise that I mentioned just now if a journalist whose
actions benefit from the protection
of that defence in a
defamation claim were to remain exposed to a claim
for invasion
of privacy arising from her journalistic activities.