Blog

Blog

12 Jul

Summary judgment granted to dismiss defamation claim (Martel v. Ottawa (City))

Friday, July 12, 2024Stephen A. ThieleLitigationTorts, Defamation, Summary Judgment

SHARE:

Summary judgment is a powerful procedural tool that, among other things, permits a defendant to bring a motion to dismiss an action at an...

Read the full post, click here.

29 Apr

Bank hit with $850,000 damages award for defaming former employee (Curtis v. Bank of Nova Scotia)

Monday, April 29, 2024Stephen A. ThieleLitigationTorts, Defamation, Evidence, Damages

SHARE:

In any civil action, evidence is important for the purposes of either proving or defending against a claim. While in most cases, the... 

Read the full post, click here.

12 Apr

The failure to prove publication is fatal to a defamation claim (Knight v. Sunshine Coast Campground Group Ltd.)

Friday, April 12, 2024Stephen A. ThieleLitigationTorts, Defamation, Publication

SHARE:

My purpose in writing law blogs is to educate the reader about the legal issues reviewed in court decisions in a way...

Read the full post, click here.

26 Feb

Defamation action against family members of nursing home resident dismissed (Fiddick Nursing Home Ltd. v. Moore)

Monday, February 26, 2024Stephen A. ThieleLitigationTorts, Defamation, Anti-SLAPP, Dismissal of Action

SHARE:

The COVID-19 pandemic resulted in a lot of media coverage about the care provided to seniors in nursing homes. Seniors were...

Read the full post, click here.

23 Oct

Bona fide complaints to police are matters of public interest (Zeppa v. Rea)

Monday, October 23, 2023Stephen A. ThieleLitigationTorts, Defamation, SLAPP, Matter of Public Interest

SHARE:

When a person believes that someone has committed a crime, it is, of course, perfectly reasonable that they...

Read the full post, click here.

12 Oct

Defamation action against employee who spoke out about workplace racism dismissed (Williams v. Vac Developments Ltd.)

Thursday, October 12, 2023Isabel YooLitigationTorts, Defamation, SLAPP Motion, Dismissed

SHARE:

Our past blogs have discussed anti-SLAPP motions at length. This post explores yet another decision on an...

Read the full post, click here.

19 Sep

Defamation action against “consumer alert” reporter dismissed (Boraks v. Hussein)

Tuesday, September 19, 2023Stephen A. ThieleLitigationTorts, Defamation, SLAPP, Dismissal of Action

SHARE:

In general, ordinary consumers of goods and services are viewed as a vulnerable class. While in certain circumstances, consumers can be protected by...

Read the full post, click here.

18 Aug

Court of Appeal upholds dismissal of anti-SLAPP motion in trucking protest case (2110120 Ontario Inc. v. Buttar)

Friday, August 18, 2023Stephen A. ThieleLitigationTorts, Defamation, SLAPP Motion, Dismissed

SHARE:

Last April, I wrote a blog about a motion judge’s decision to dismiss an anti-SLAPP motion in a trucking protest case on the grounds that the dispute between the parties...

Read the full post, click here.

1 Aug

Torts that Might Apply in a Dispute Between Neighbours in a Condominium (Novakovic v. Salvador)

Tuesday, August 1, 2023Stephen A. ThieleLitigationTorts, Defamation

SHARE:

Part of the purpose of our blogs is to help educate the reader about the law and the tests that apply to various causes of... 

Read the full post, click here.

31 Jul

A review of the test for anti-SLAPP motions (Yates v. Iron Horse Corporation and St. Martin)

Monday, July 31, 2023Isabel YooLitigationTorts, Defamation, Anti-SLAPP

SHARE:

The acronym “SLAPP” is short for “strategic lawsuits against public participation”. These are tools used to intimidate or silence criticism by engaging the critic with...

Read the full post, click here.

27 Jul

A Lawyer’s Office is not a Drop Box for Service (Yuk-Shum v. Jiang)

Thursday, July 27, 2023Stephen A. ThieleLitigationTorts, Defamation, Procedure, Notice

SHARE:

Service of an originating process, like a statement of claim, or other court documents is, in general, governed by the...

Read the full post, click here.

24 Jul

The law of defamation in a nutshell (Stratuscent Inc. v. Chehade)

Monday, July 24, 2023Stephen A. ThieleLitigationDefamation, Torts, Remedies, Injunction

SHARE:

Over the past few years, we have written a lot of blogs on the law of defamation...

Read the full post, click here.

12 Jul

Defamatory Online Postings and Cyber-Bullying Leads to One of the Highest Defamation Awards in Canada

Wednesday, July 12, 2023Isabel YooLitigationTorts, Defamation, Damages, Internet

SHARE:

Online defamatory statements have the potential to reach a global audience and maintain a perpetual existence. It is impossible to...

Read the full post, click here.

6 Jul

$50,000 costs guideline for successful anti-SLAPP motion not applied again

Thursday, July 6, 2023Stephen A. ThieleLitigationTorts, Defamation, SLAPP, Costs

SHARE:

As we have written before, Canada’s civil court system is “a loser pays” jurisdiction. In general, a party that loses a motion or...

Read the full post, click here.

12 Jun

“Chilling effect” on a plaintiff or others not grounds for harm on an anti-SLAPP motion

Monday, June 12, 2023Stephen A. Thiele, Michael LauricellaLitigationTorts, Defamation, Anti-SLAPP

SHARE:

Since 2020, two Supreme Court of Canada cases have guided the analysis of anti-SLAPP motions in Ontario and...

Read the full post, click here.

13 Feb

Former Chamber of Commerce employee's defamation action allowed to continue

Monday, February 13, 2023Stephen A. ThieleLitigationTorts, Anti-SLAPP, Defamation, Motion Dismissed

SHARE:

Although section 137.1 of the Courts of Justice Act (the “CJA”), the “anti-SLAPP provision”, has become a powerful tool to dismiss defamation actions at an early stage, there is certainly no guarantee that its use will always be...

Read the full post, click here.

16 Jan

Freedom of expression prevails in responses to COVID-19 protest organizers’ defamation action

Monday, January 16, 2023Stephen A. ThieleLitigationTorts, Anti-SLAPP, Defamation

SHARE:

March 2020 will live in our memories forever. It is the month that, among other things, the world panicked, that governments issued emergency orders to shutdown...

Read the full post, click here.

25 Nov

Defamatory statements made in a pleading are immune to attack

Friday, November 25, 2022Stephen A. ThieleLitigationDefences, Torts, Defamation, Absolute Privilege

SHARE:

The law of defamation permits a defendant to raise specialized defences to defeat a claim. The most common defences are...

Read the full post, click here.

18 Nov

Damages in a defamation action

Friday, November 18, 2022Stephen A. ThieleLitigationDamages, Torts, Defamation

SHARE:

Reputational harm is serious. It can have devastating impacts on the person whose reputation has...

Read the full post, click here.

15 Nov

Female mining executive’s defamation claim against government employee allowed to proceed

Tuesday, November 15, 2022Stephen A. ThieleLitigationTorts, SLAPP, Defamation

SHARE:

Ontario and British Columbia are the only two common law provinces that have anti-SLAPP legislation. This legislation permits the early dismissal of claims that...

Read the full post, click here.

2 Nov

75-day house arrest ordered for contempt in a defamation case

Wednesday, November 2, 2022Stephen A. ThieleLitigationTorts, Contempt of Court, Defamation

SHARE:

In a previous blog dated June 30, 2022, my colleague James Cook wrote about the award granted to a university instructor who was defamed on Twitter by ...

Read the full post, click here.

29 Jul

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

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

SHARE:

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

Read the full post, click here.

14 Jul

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

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

SHARE:

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

Read the full post, click here.

4 Jul

Toronto City Councillor knocks out defamation action

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

SHARE:

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

Read the full post, click here.

10 Jun

City politicians succeed in getting defamation claim against them dismissed

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

SHARE:

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

Read the full post, click here.

9 May

Could full indemnity costs become the norm in defamation actions?

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

SHARE:

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 ...

Read the full post, click here.

24 Jan

Defamation basics and pre-trial disposition motions

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

SHARE:

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

Read the full post, click here.

17 Jan

Watchdog’s defamation action against municipality allowed to continue

Monday, January 17, 2022Stephen A. ThieleLitigationPolitical Law, Torts, SLAPP

SHARE:

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

Read the full post, click here.

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. Tighe, K.C.LitigationDefamation, Torts, SLAPP

SHARE:

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...

Read the full post, click here.

28 Oct

Lawyer wins $500,000 in defamation action

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

SHARE:

Damage awards in a defamation case can be significant. This is especially the case where...

Read the full post, click here.

21 Oct

Defamer gets 18 month jail sentence for contempt of court

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

SHARE:

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...

Read the full post, click here.

1 Sep

Court Refuses To Dismiss Claims That Did Not Engage SLAPP Provisions

Wednesday, September 1, 2021Stephen A. ThieleLitigationTorts, Defamation, SLAPP

SHARE:

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...

Read the full post, click here.

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. Cook, Michael LauricellaLitigationHockey, Sports Law, Torts

SHARE:

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

Read the full post, click here.

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

SHARE:

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...

Read the full post, click here.

25 May

Summary judgment denied over defamatory TV show first aired in Pakistan

Tuesday, May 25, 2021Stephen A. ThieleLitigationTorts, Defamation, Summary Judgment, libel, slander

SHARE:

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...

Read the full post, click here.

14 May

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

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

SHARE:

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...

Read the full post, click here.

30 Apr

Injunction granted to stop defamatory posts published on Instagram

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

SHARE:

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...

Read the full post, click here.

5 Apr

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

Monday, April 5, 2021Stephen A. ThieleLitigationTorts, Defamation, SLAPP, Pre-trial Disposition

SHARE:

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...

Read the full post, click here.

1 Feb

Internet Harassment Tort Recognized by Ontario Superior Court of Justice

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

SHARE:

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...

Read the full post, click here.

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. ThieleLitigationTorts, Defamation, Republication, Limitation Periods

SHARE:

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...

Read the full post, click here.

25 Jan

Defamation suit surrounding BC’s foreign buyer tax is dismissed

Monday, January 25, 2021Stephen A. ThieleLitigationTorts, Funds, Defences

SHARE:

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...

Read the full post, click here.

Subscribe Now