Articles 2023

You will quickly find that many people who contact you about internet defamation simply want the statements removed and/or stopped. Their fury and sense of impotence is palpable, but you must be disciplined and avoid transforming a problem into a disaster. In this article, the last in the series “To Sue or Not to Sue for Libel,” cyber libel expert David Potts considers defamation injunctions through various angles.

Many plaintiffs find their libel actions barred right at the start for failure to comply with the notice provisions of the Libel and Slander Act ("LSA") when required. However, sometimes the notice provisions have absolutely no application at all. In this article, the fourth in the series “To Sue or Not to Sue for Libel,” cyber libel expert David Potts briefly addresses what publications are covered by the LSA and at what stage of the proceedings the determination is made.

The Court of Appeal for Ontario has now overturned the Superior Court of Justice’s decision in Rahman, finding that the “just cause” provision in the employment contract contravened the Employment Standards Act, 2000. This is yet another decision confirming and applying Waksdale and its strict interpretation of employment agreements regardless of contextual factors and the sophistication of the parties.

It’s not every day that one gets to rub shoulders with judges of the Supreme Court of Canada. In fact, the closest I had ever been to a Supreme Court judge prior to last week’s Gala dinner at the Ritz-Carlton in Toronto was back in 2007 when I visited Ottawa and signed up for a tour of the highest court in the land. So, you can imagine how thrilled I was to attend the OBA gala in honour of Justice Rosalie Abella and Justice Mahmud Jamal on May 26, 2022. And what a supreme evening it was, indeed!

Most lawyers retained on cyberlibel actions never ask themselves how internet and offline libel actions differ, to the detriment of their client. Admittedly, it is a large and complex topic, and it requires an understanding of internet technology, reputation management, information warfare and strategic studies as well as defamation law, so in this article, I will just sketch the differences.