Defamation

Howard Winkler’s media roundup

Toronto lawyer and mediator Howard Winkler is frequently called upon by the media as a trusted source for their news stories, particularly for his focus on defamation and privacy issues. Read more

Aussie court finds media outlets liable: Winkler

Australia continues to lead the way in the consideration of online liability, and it remains to be seen whether Canadian courts will follow its lead, says Toronto lawyer and mediator Howard Winkler. Read more

Pilot’s victory classic application of anti-SLAPP law: Winkler

The dismissal of an airline’s $10-million defamation claim against a former pilot is a textbook case of anti-SLAPP legislation in action, says Toronto lawyer and mediator Howard Winkler, who acted for the pilot. Read more

Case may clarify how platforms treat defamatory content: Winkler

An ongoing lawsuit in British Columbia could help define what responsibility online platforms have once they are notified that content on their site is defamatory, Toronto lawyer and mediator Howard Winkler says. Read more

Judge awards $2.5 million for suffering 'hate speech at its worst'

A self-styled online media personality whose websites frequently air anti-Muslim content has been ordered to pay the owner of a prominent Middle Eastern restaurant chain millions of dollars after publicly accusing him of funding terrorism. Read more

Everyone loses in cautionary New Brunswick defamation case

A recent New Brunswick decision is a cautionary tale for all involved in defamation claims, Toronto lawyer and mediator Howard Winkler tells AdvocateDaily.com. Read more

OCA decision shows continuing problems with anti-SLAPP law

Courts are still dealing with the fallout from the overbreadth of Ontario’s controversial legislation aimed at combating the apparent problem of “Strategic Lawsuits Against Public Participation” (SLAPP), Toronto defamation and appellate counsel Brian Radnoff tells AdvocateDaily.com . Read more

Free expression outweighs reputation protection: Winkler

A former member of Parliament’s unsuccessful defamation case against a major B.C. newspaper underscores a recent trend by the courts to balance interests more towards freedom of expression rather than protection of a person’s reputation, Toronto lawyer and mediator Howard Winkler tells The Lawyer’s Daily . Read more

The trouble with USMCA’s defamation provisions

By signing on to the United States-Mexico-Canada Agreement (USMCA), the Liberal government agreed to significantly alter the existing common law of defamation, Toronto lawyer and mediator Howard Winkler writes in Law Times . Read more

Australian courts lead the way in fighting online defamation: Winkler

Australian courts continue to lead the way when it comes to online defamation and the liability of secondary publishers, Toronto lawyer and mediator Howard Winkler tells AdvocateDaily.com . Read more

Radnoff: OCA's anti-SLAPP guidance helpful to a limited extent

The Ontario Court of Appeal’s decisions in six cases related to the Protection of Public Participation Act highlight that plaintiffs must approach anti-SLAPP motions seriously and respond to them in a fulsome manner, Toronto commercial litigation and defamation lawyer Brian Radnoff tells AdvocateDaily.com . Read more

Guidance needed from OCA on anti-SLAPP provisions

A recent ruling dismissing a libel action further highlights that more direction is needed from the Ontario Court of Appeal regarding the Protection of Public Participation Act, Toronto commercial litigation and defamation lawyer Brian Radnoff tells AdvocateDaily.com . Read more

Privacy commissioner misses mark on de-indexing

Canada’s privacy commissioner oversimplifies the situation to suggest that “de-indexing” online links to potentially defamatory or erroneous information is possible in Canada under existing laws, Toronto lawyer and mediator Howard Winkler tells AdvocateDaily.com. Read more

OCA deals with growing issue of defamation and online reviews

A recent Court of Appeal decision involving a defamation claim against an organization that posts consumer ratings is important given how many people and businesses rely on online reviews, Toronto commercial litigation and defamation lawyer Brian Radnoff tells AdvocateDaily.com. Read more

Vital to pick right forum for multi-jurisdictional defamation cases

A recent Supreme Court of Canada decision in a case involving an alleged multi-jurisdictional internet defamation reinforces the fact that for Ontario to be regarded as the appropriate forum, the statement of claim must sufficiently focus on the plaintiff’s Canadian reputation and damage to it in Ontario, Toronto lawyer and mediator Howard Winkler and lawyer Eryn Pond write in the Toronto Law Journal . Read more