CONTRIBUTING AUTHORS: MICHAEL OSBORNE, HARRY MCMURTRY, KENNETH DEKKER DOES WORLD WIDE WEB MEAN WORLDWIDE LIABILITY FOR CYBER LIBEL? The internet’s nature as a medium that is at once everywhere and nowhere leads to difficulties in applying traditional tests for jurisdiction. Courts in Canada and the Commonwealth have rejected suggestions that special, and more restrictive, rules [...]

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In a series of recent decisions, courts in Canada and the Commonwealth have adapted the traditional rules for defamation and jurisdiction to defamation on the internet, and will take jurisdiction if the defamatory materials were downloaded to any significant extent within the jurisdiction, provided that the plaintiff has a sufficient connection with the jurisdiction. As a result, foreign publications with online readers in Canada can be liable in Canada for defaming someone in Canada.

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Settlements have been reached in two class actions alleging price fixing in the market for two kinds of synthetic rubber as well as polyester staple.

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B-Filer Inc. v. The Bank of Nova Scotia[1] In October 2005, the Tribunal dismissed Scotiabank’s motion for summary disposition of B-Filer’s application for leave to commence a private application. The Tribunal disagreed with Scotiabank’s contention that an Alberta court’s refusal to grant an injunction made the application res judicata. B-Filer provides an internet payment service [...]

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Symbol Technologies Canada ULC v. Barcode Systems Inc.[1] A corporation that is no longer a going concern cannot maintain a private application under s. 75, the Tribunal held in October 2005. In early 2004, the Tribunal granted Winnipeg bar code equipment seller Barcode Systems Inc.leave to commence a private application to force Symbol Technologies Canada [...]

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