Case Law, Canada: Warman v Fournier, Appeal dismissed, operators of website and liable for internet defamation – David Potts

29 12 2015

Free-Dominion-Libel-1024x843The Ontario Court of Appeal has dismissed the appeal in Warman v. Fournier (2015 ONCA 873).  The Court upheld the judgment of Justice Robert J. Smith and a jury in which the appellants were found liable in defamation for publication of 41 statements on two websites. The jury had awarded the respondent general, aggravated and punitive damages of CDN$42,000 and had granted a permanent injunction against them. Read the rest of this entry »





Case Comment, Canada: AM v Toronto Police Service, A presumption of notice to the media for anonymization applications? – David Potts

17 10 2015

Ontario_Superior_Court_of_JusticeIn the case of A.M. v Toronto Police Service (2015 ONSC 5684) the Divisional Court of the Ontario Superior Court of Justice examined a narrow but important question of  the obligation of notice to the media when a party is seeking an anonymization order. In this case, within an application for judicial review, the applicant AM applied  for an order permitting him to pursue the application using only his initials. Read the rest of this entry »





Case Law: Canada, Frank v Legate, Libel claim struck out as statements not capable of being defamatory and action an abuse – David Potts

4 10 2015

LegateOn 18 September 2015 in the case of  Frank v. Legate (2015 ONCA 631) the Ontario Court of Appeal dismissed an appeal from  the order of a motions court judge striking out the appellant’s  statement of claim on the ground that it did not disclose a reasonable cause of action. The Court also held that the claim was also an abuse of process and could also have been struck out on that basis. Read the rest of this entry »