In other words,
the plaintiff in a defamation action may be required to expend a considerable amount of money to bring the action, may experience significant negative publicity which repeats the false accusations, and if unsuccessful in the litigation may cement into the public consciousness the belief that the defamatory accusations were true.
Not exact matches
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 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.
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
In Breeden, the plaintiff commenced defamation actions in Ontario against the defendants, who were directors, advisers, and a vice president of a corporation headquartered in the United State
In Breeden, the
plaintiff commenced
defamation actions in Ontario against the defendants, who were directors, advisers, and a vice president of a corporation headquartered in the United State
in Ontario against the defendants, who were directors, advisers, and a vice president of a corporation headquartered
in the United State
in the United States.
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.
In a
defamation action, the
plaintiff is required to prove the following on a balance of probabilities:
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.
Google filed the motion
in response to the
plaintiff's
defamation action, claiming damage to reputation resulting from Google searches, which generated links to numerous Web sites suggesting that he had been disciplined by the California Board of Accountancy.
«Libel tourism» is the practice of filing
defamation actions in London courts to take advantage of the UK laws that are highly [some would say absurdly] favorable to
plaintiffs.
Has the
Plaintiff met the legal test for an interlocutory injunction
in the context of a
defamation action?