Archives for: defamation

To hyperlink or not to hyperlink: SCC addresses defamation in hyperlinks in Crookes v. Newton

In the recent decision, Crookes v. Newton, the Supreme Court of Canada considered whether liability for defamation can ensue from hyperlinking to defamatory material. The court dismissed the appeal and found that Newton had not published defamatory content through hyperlinks. Justice Abella, writing for the majority consisting of six judges, stated the traditional rule used […]

The “Sting” and Context of Libel

In a recent defamation decision, Baglow v. Smith, the Ontario Superior Court of Justice emphasized the importance of the context in which alleged defamatory statements are made. The plaintiff, Baglow, and the defendant, Smith, operated internet blog sites which served as venues for political commentary for guest bloggers. They were engaged in a heated debate […]