The 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. Continue reading
The International Forum for Responsible Media Blog
Tag: David Potts
In 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. Continue reading
On 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. Continue reading
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