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Category Archives: Defamation

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Nova Scotia introduces new Cyber-bullying Legislation

Posted in Defamation, Social Media

On October 5, 2017, the Nova Scotia Legislature introduced Bill No. 27, the Intimate Images and Cyber-protection Act (the “Cyber-protection Act”, or the “Act”).  The Act comes as Nova Scotia’s previous cyber-bullying legislation, the Cyber-safety Act (“CSA”), was struck down in 2015 by the Nova Scotia Supreme Court on constitutional challenge.

The Cyber-protection Act, like the CSA, is notable for making Nova Scotia the first Canadian province to formalize and adopt cyber-bullying legislation. Similar to its predecessor, the Act proposes to create civil remedies to deter, prevent, and respond to the harms … Continue Reading

The year in review: developments in computer, internet and e-commerce law (2015-2016)

Posted in Defamation, E-Commerce, Intellectual Property

On June 14, I gave my annual presentation to the Toronto computer Lawyers’ Group on “The year in review in Computer, Internet and E-Commerce Law”. It covered the period from June 2015 to June 2016. The developments included cases from Canada, the U.S. the U.K., and other Commonwealth countries.

The developments were organized into the broad topics of: Technology Contracting, Online Agreements, Privacy, Online/Intermediary Liability/Responsibility, Copyright, and Trade-marks and Domain names.

The cases referred to are listed below. My slides can be viewed after the case listing. These and many other cases will be added to my 7 volume book … Continue Reading

B.C. Court Grants Ex Parte Injunction Against Google and GoDaddy and Awards $1.2 Million in Damages in Internet Defamation Case

Posted in Defamation

On May 6, 2016, the Supreme Court of British Columbia handed down its decision in Nazerali v. Mitchell, 2016 BCSC 810, ordering $1.2 million in damages in favour of the plaintiff, Natel Nazerali, who claimed he was defamed by Mark Mitchell, the principal author and publisher of www.deepcapture.com (the “Website”).

This case highlights numerous interesting nuances about defamation law when the Internet is involved; but notably, this case appears to suggest that the Court will not hesitate to grant a permanent injunction, even against big players like Google and GoDaddy.com, for permitting online searches that lead to defamatory … Continue Reading

Defamation in the Blogosphere: Baglow v Smith

Posted in Defamation

Overview

In introduction to Baglow v. Smith, 2015 ONSC 1175 [“Baglow”], an action for defamation involving political bloggers, Madam Justice Polowin described political debate in the Internet blogosphere as, “rude, aggressive, sarcastic, hyperbolic, insulting, caustic and/or vulgar.” She further stated that, “it is not for the faint of heart.” Baglow is a case around the alleged defamation of the plaintiff through a blog post by one of the defendants. The plaintiff felt that the blog post went “too far” and sought to hold the blog post author, and the moderators of the message board, liable for defamation.… Continue Reading