The Litigator


Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP


Affleck Greene McMurtry LLP
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Ontario Superior Court Makes Defamation Judgments Against Anonymous Online Posters

In Theralase Technologies Inc. v. Lanter, 2020 ONSC 205, the plaintiffs sued anonymous posters on a website called (“Stockhouse”) for publishing defamatory content about them, including accusations of dishonesty and criminal acts. The motion judge, Justice Myers, even describes one post as “misogynistic” and “particularly disgusting”. The plaintiffs first obtained a court order requiring Stockhouse to turn-over the identities of the posters. Due to a technical issue, the website was only able to provide email addresses for most of the defendants, but not their names. The plaintiffs then obtained an order for substituted service, which allowed them to serve ... [more]

Bad news for sports fans is good news for advertisers

With less than a month until Super Bowl LIV, football fans are looking forward to the big game. In a playoff season that has seen some serious upsets (The Patriots ... [more]

When can a member sue a Church, Club, or other Voluntary Association for treating them unfairly?

In Aga v. Ethiopian Orthodox Tewahedo Church of Canada, 2020 ONCA 10, the Ontario Court of Appeal affirmed when a voluntary association can be sued for failing to follow their ... [more]

Test for Anti-SLAPP Motions Reaffirmed by the Ontario Court of Appeal

The law has struggled to balance the right to freedom of expression ingrained in our Charter of Rights and Freedoms with protecting the public from defamatory statements. In an effort ... [more]

Class Actions Changes In Ontario: You’d Better Hurry Up

Ontario’s Attorney General has proposed a bevy of changes to the provincial justice system in Bill 161, the Smarter and Stronger Justice Act, 2019. Changes are being proposed to 20 ... [more]

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Two’s Company; Three’s A Crowd – Competition Tribunal Okays Vancouver Airport Authority’s Ability to Limit Number of In-Flight Caterers

The Canadian Competition Tribunal released a summary of its decision in The Commissioner of Competition ... [more]

Competition Bureau Seeks Intel on Anti-Competitive Conduct in the Digital Economy

Canada’s Competition Bureau has put out a call for information on alleged anti-competitive conduct in ... [more]

Not Disclosing Additional Fees Triggers $4.5 Million Fine for Ticketmaster

Ticketmaster L.L.C., TNow Entertainment Group, Inc. and Ticketmaster Canada LP have settled the lawsuit brought ... [more]

Open Courts Principle Trumps Speculative Concerns Over Physical Harm

In the case of Donovan v. The Estate of Bernard Sherman et al., Ontario’s Court ... [more]
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