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
Law suit alleging defamation by Competition Bureau allowed to proceed
Ontario's top court recently allowed parts of a claim that the Competition Bureau defamed suspects when it an announced bid-rigging charges against them to proceed to trial. In February 2009, ... [more] Full article
Statements to Securities Commission are protected by absolute privilege
In his decision this Fall in Fraleigh v. RBC Dominion Securities, Ontario Superior Court Justice Newbould summarily dismissed an action brought by John Fraleigh against RBC Dominion Securities and one of its employees. The action was brought for allegedly false statements and testimony given before the Ontario Securities Commission claiming unusual trading activity in his RBC trading accounts – information that was later published in media reports. In dismissing Fraleigh’s action, Justice Newbould found that the claim arose entirely from testimony and other related communications to the OSC; communications that are protected by absolute privilege. [more] Full article
Door left open for tort of invasion of privacy in Ontario
If someone has their privacy violated in Ontario, can they pursue a civil remedy in the Ontario courts? Does Ontario law recognise the tort of invasion of privacy? These questions were the subject of a motion brought by McDonald's Restaurants of Canada seeking to strike out a plaintiff's claim for unlawful invasion of his privacy on the basis that it disclosed no reasonable cause of action. [more] Full article
Attacks on Reputation Contributors
Karen Bernofsky
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.
Kenneth A. Dekker
Kenneth Dekker, a partner of the firm, is a successful trial and appellate lawyer who is valued by his clients as a resourceful and practical litigation counsel. Over more than two decades, Ken has litigated noteworthy cases in a range of fields that include class action defence, securities and broker-dealer litigation and regulatory defence, corporate and shareholder disputes (including oppression and winding up cases), defamation, civil fraud litigation, disputes over contracts, injunctions, professional liability litigation, employment litigation and cross-border litigation issues. Ken has appeared before all levels of courts in Ontario, including the Ontario Court of Justice, the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada. Ken also represents and advises clients in regulatory matters before the Investment Industry Organization of Canada (IIROC), the Mutual Fund Dealers Association of Canada (MFDA) and the Ontario Securities Commission (OSC). Ken has been recognized for Corporate and Commercial Litigation by Best Lawyers of Canada and has been given the highest available rating of AV, or pre-eminent, by his peers on Martindale-Hubbell.
Kyle J. Peterson*
Kyle's commercial litigation and advocacy practice offers particular expertise in securities, insurance, construction and employment disputes. A fierce advocate for clients, Kyle has a proven ability to approach client issues in a strategic manner, always balancing their business and commercial interests with their legal rights. Kyle's clients benefit from his experience in business and politics, and appreciate his common sense and results-driven style. * Presently on leave of absence from the Firm. Kyle Peterson was elected as a Member of the House of Commons of the Canadian Parliament in the 2015 Canadian Federal Election.
