Defamation

Appeal court decision creates confusion about fair comment defence

An appeal court decision has added to uncertainty about when accusations of wrongdoing will be considered statements of opinion as opposed to fact, says Toronto defamation lawyer Brian Radnoff. Read more

Ruling needed to clarify plaintiff’s burden in SLAPP legislation

The Protection of Public Participation Act — aimed at combating the apparent problem of “Strategic Lawsuits Against Public Participation” (SLAPP) — has been in effect in Ontario for more than two years and, so far, the defendant-friendly legislation has been interpreted as such by the courts, Toronto commercial litigation and defamation lawyer Brian Radnoff writes in The Lawyer’s Daily . Read more

Don't expect a windfall from a defamation action

Former war reporter Arthur Kent’s $250,000 legal cost award is a reminder that plaintiffs should never enter defamation actions in hopes of a big payday, says Toronto defamation lawyer Brian Radnoff. Read more

Online defamation can lead to loss of job, business

People who feel compelled to rant or make accusations online should be aware they could be sued for defamation, says Vaughan employment and civil litigation lawyer Arthur Zeilikman . Read more

OCA follows liberal SCC principles for jurisdiction in libel case

Toronto commercial litigation and defamation lawyer Brian Radnoff says a recent Court of Appeal decision — involving an Internet libel action based on an article downloaded from Israel — represents an application of the liberal principles for jurisdiction in libel cases as set out by Canada’s top court. Read more

Kent decision reaffirms requirements of responsible journalism

A $200,000 defamation award won by former journalist and political hopeful Arthur Kent against a columnist and a national newspaper chain is a cautionary tale for journalists, says Toronto commercial litigation and defamation lawyer Brian Radnoff . Read more

Facebook defamation decision something to Twitter about

A recent decision by the Supreme Court of British Columbia has important implications for defamation through social media, says Toronto commercial litigation and defamation lawyer Brian Radnoff . Read more

OCA dismisses appeal in trailblazing defamation case

The Ontario Court of Appeal’s recent dismissal in a trailblazing defamation case presents interesting commentary around tactical issues at trial and the use of judicial discretion to award aggravated and punitive damages and substantial indemnity costs to sanction those who use the Internet as a defamatory communication tool, says Toronto civil litigator Patricia Virc. Read more

Radnoff to chair LSUC defamation law program

On Jan. 18 , Toronto defamation and commercial litigation lawyer Brian Radnoff will chair a program exploring current issues and recent decisions in defamation law, presented by the Law Society of Upper Canada. Read more

Jury dismissal in libel trial a ‘surprise’

The dismissal of jurors in the Arthur Kent defamation trial, arising from opening statements claiming malice, is a "surprise" and a "cautionary tale" for the profession, says Toronto defamation lawyer Brian Radnoff . Read more

Lack of due diligence opens door for libel claim

A Canadian Sikh who was falsely identified by media outlets as a terrorist involved in the Paris attacks serves as a reminder that media must conduct the proper due diligence before publishing or risk civil liability in defamation, says Fredericton litigator Matthew Pearn. Read more

B.C. victims of attack website get injunctive relief

A recent decision from the British Columbia Supreme Court is a positive development for victims of attack websites, writes Toronto intellectual property and new media lawyer John Simpson in Lawyers Weekly . Read more

Fake Twitter accounts can give rise to defamation claims

Parody accounts on social media are often viewed as a lighthearted way to poke fun at public figures, but they can become fertile ground for defamatory comment, Fredericton litigator Matthew Pearn writes in Lawyers Weekly . Read more

OCA: posting factual info online about lawsuit not defamatory

The Court Of Appeal decision upholding a motions judge’s ruling to strike pleadings in a defamation matter clears the air for lawyers posting factual content online about litigation, says Toronto defamation lawyer Brian Radnoff . Read more

Radnoff included in Best Lawyers in Canada 2016

Toronto commercial litigator and defamation lawyer Brian Radnoff has been recognized in the 2016 Best Lawyers in Canada guide for his expertise in corporate and commercial litigation, as well as defamation and media law. Read more