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, the Bureau announced that criminal bid-rigging charges had been laid against 14 individuals and seven companies accusing them of rigging bids for federal government contracts. The Bureau's press release alleged that its investigation had uncovered a bid-rigging scheme by IT companies to "defraud the government by winning and dividing contracts, while blocking out honest bidders". In a backgrounder issued the same day, the Bureau elaborated on the alleged bid-rigging conspiracy, ... [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