The Litigator

THE LITIGATOR

Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

A New Privacy Tort in Ontario: Publicity placing the Plaintiff in a False Light

In December 2019, a Superior Court judge awarded damages for the first time for a new privacy tort (“Publicity which places the plaintiff in a false light in the public eye”) in Yenovkian v. Gulian, 2019 ONSC 7279. This matter arose from an acrimonious divorce. The judge, Justice Kristjanson, found that the husband, Mr. Yenovkian, created websites on which he posted, among other things, allegations of child abuse against his wife, Ms. Gulian, and videos of their child purporting to show the damage done by the alleged abuse. He also accused his wife of other crimes including theft, kidnapping, and ... [more] Full article

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] Full article

Context Matters: The continued evolution of Defamation Law

Defamation law continues to grow and change as courts attempts to balance the constitutional right to freedom of expression with the right against reputational damage. This evolution continued in the ... [more] Full article


Anti-SLAPP Contributors

Karen Bernofsky

Karen Bernofsky

Affleck Greene McMurtry LLP

Karen Bernofsky is a strong advocate with a focus on commercial litigation and delivering cost-effective solutions. She advises and represents clients in a broad range of complex insurance matters, construction matters and commercial disputes, including breach of contract and invoice disputes. Karen is also a skilled negotiator with a proven track record in effective mediation advocacy. She has appeared before all levels of courts and administrative tribunals in Ontario as well as before the Federal Court of Canada.

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