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8 Aug

Richmond Hill Councillor’s lawsuit is SLAPPed

Monday, August 8, 2022Stephen A. ThieleLitigationDefamation, Torts, Anti-SLAPP

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An action that arises out of an expression on a matter of public interest is vulnerable to a motion for dismissal under section 137.1 of the Courts of Justice Act (the “CJA”). Actions against elected

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29 Jul

Statutory immunity and qualified privilege protect City Councillor against night club’s action

Friday, July 29, 2022Stephen A. ThieleLitigationDefamation, Political Law, Torts, Municipal Councillors, Qualified Privilege

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In the past few months, I have written a number of blogs about court decisions involving City Councillors. The courts and other processes...

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14 Jul

Losing an anti-SLAPP motion can be costly for a plaintiff

Thursday, July 14, 2022Stephen A. ThieleLitigationCosts, Defamation, Torts, Anti-SLAPP

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The issue of costs is important for parties to take into consideration when litigating a case. Presumptively, winning parties are entitled to...

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4 Jul

Toronto City Councillor knocks out defamation action

Monday, July 4, 2022Stephen A. ThieleLitigationDefamation, Anti-SLAPP Legislation, Torts

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Although politicians continue to be targets of defamation actions, politicians also continue to knock them out under Ontario’s anti-SLAPP...

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10 Jun

City politicians succeed in getting defamation claim against them dismissed

Friday, June 10, 2022Stephen A. ThieleLitigationDefamation, Torts, Anti-SLAPP

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Politics can be a rough profession, particularly where the issues being debated attract diametrically opposed views. Some social issues often bleed into...

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9 May

Could full indemnity costs become the norm in defamation actions?

Monday, May 9, 2022Stephen A. ThieleLitigationCosts, Defamation, Torts

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As the use of social media platforms continues to grow, there is a correspondingly growing danger that the misuse of these platforms can cause devastating damage to

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24 Jan

Defamation basics and pre-trial disposition motions

Monday, January 24, 2022Stephen A. ThieleLitigationDefamation, Torts, Pre-trial Disposition

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We have written a lot about defamation cases on this blog and the pre-trial disposition of defamation actions under...

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17 Jan

Watchdog’s defamation action against municipality allowed to continue

Monday, January 17, 2022Stephen A. ThieleLitigationDefamation, Political Law, Torts, SLAPP

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The law of defamation in the political arena has a long history. Passionate sparring between political opponents and the tendency to attack an...

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26 Nov

Ford wins again! Court of Appeal for Ontario upholds dismissal of defamation action against him

Friday, November 26, 2021Stephen A. Thiele, Alexander Melfi, Gavin J. TigheLitigationDefamation, Torts, SLAPP

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Section 137.1 of the Courts of Justice Act (the “CJA”) has made it harder for a plaintiff to maintain a defamation action against a defendant where the issue related to the expression involves a matter of...

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28 Oct

Lawyer wins $500,000 in defamation action

Thursday, October 28, 2021Stephen A. ThieleLitigationDefamation, Damages, Torts

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Damage awards in a defamation case can be significant. This is especially the case where the person defamed is a professional. In Soliman v. Bordman, 2021 ONSC 7023, a prominent and...

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21 Oct

Defamer gets 18 month jail sentence for contempt of court

Thursday, October 21, 2021Stephen A. ThieleLitigationDefamation, Torts, Remedies, Contempt of Court

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In the law of defamation, we only tend to think about the damages that are awarded for a person’s loss of reputation or the intellectual analysis conducted by... 

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1 Sep

Court Refuses To Dismiss Claims That Did Not Engage SLAPP Provisions

Wednesday, September 1, 2021Stephen A. ThieleLitigationDefamation, Torts, SLAPP

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Section 137.1 of the Courts of Justice Act (the “CJA”), which permits the dismissal of actions related to an expression made with respect to a matter of public interest, continues to...

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22 Jul

Plaintiff Suffers Blow: Punch to Face in Amateur Ice Hockey Game Found to be Not Reasonably Foreseeable

Thursday, July 22, 2021Stephen A. Thiele, James R.G. CookLitigationHockey, Torts, Sports Law

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Ice hockey is governed by rules which penalize certain physical infractions, including cross-checking, fighting, hitting from behind, and...

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9 Jun

Litigant Misses the Cut in Lawsuit After Being Hit in the Head by a Golf Ball

Wednesday, June 9, 2021Stephen A. ThieleLitigationSports, Torts, Negligence, Golf, Sports Law

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Spectating a live sporting event is typically an enjoyable experience. Whether in the arena watching a hockey game or on the course taking in a round of golf, there is a general entertainment value that comes with... 

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25 May

Summary judgment denied over defamatory TV show first aired in Pakistan

Tuesday, May 25, 2021Stephen A. ThieleLitigationSummary Judgment, Libel, Slander, Defamation, Torts

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Ontario’s Rules of Civil Procedure provide that where there is no genuine issue requiring a trial, summary judgment shall be granted. It has been determined by Ontario courts that this rule is...

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14 May

$500,000 in damages awarded for comments about yellow Ferrari’s ownership

Friday, May 14, 2021Stephen A. ThieleLitigationDefamation, Damages, Torts

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Cars are a tremendous invention. Historically, among other things, cars changed the way that people travelled and reduced significantly the travel time between destinations. Cars are certainly very popular and...

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30 Apr

Injunction granted to stop defamatory posts published on Instagram

Friday, April 30, 2021Stephen A. ThieleLitigationDefamation, Torts, Injunction

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Social media is a great tool for, among other things, the promotion of personal or business interests, or connecting with like-minded individuals. It provides a window to... 

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5 Apr

Gratuitous Defamatory Tweets About Plaintiff Not Protected as a Matter of Public Interest

Monday, April 5, 2021Stephen A. ThieleLitigationDefamation, Torts, Pre-trial Disposition, SLAPP

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The internet and social media have spawned much civil litigation in the area of defamation. There is no cost to obtaining a Twitter account, for example, and to “tweeting” out a...

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1 Feb

Limitation period avoided: Claims of republication of libel by third party allowed to be added action because stories were on internet

Monday, February 1, 2021Stephen A. ThieleLitigationDefamation, Torts, Republication, Limitation Periods

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Across the country, limitation periods have been enacted to regulate the time in which an action can be commenced. Defendants are entitled to finality, and... 

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1 Feb

Internet Harassment Tort Recognized by Ontario Superior Court of Justice

Monday, February 1, 2021James R.G. CookLitigationDefamation, Torts, Cyber-stalking, Harassment

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Cyber-stalking and anonymous malicious postings on the internet, which may be disseminated across a variety of sites and platforms across the world, are issues to which the...

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25 Jan

Defamation suit surrounding BC’s foreign buyer tax is dismissed

Monday, January 25, 2021Stephen A. ThieleLitigationDefamation, Defences, Political Law, Torts

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The law of defamation is fascinating because the fact scenarios of each case are unique. Where matters of public interest are involved, people are prone to express opinions about the...

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