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Supreme Court of Canada sets the rules on when Canadian courts have jurisdiction

Earlier today, Canada's Supreme Court released a trilogy of long-awaited decisions in which it set universal rules on when courts across Canada can properly take jurisdiction over claims against foreign defendants. The first two cases, Club Resorts Ltd. v. Van Breda et al. and Club Resorts Ltd. v. Charron et al., related to claims brought against the operator of a resort in Cuba at which the plaintiffs had suffered serious injuries. The third case, Breeden et al. v. Black, related to defamatory statements made about Conrad Black by persons in the U.S.  In all cases, the Ontario-based plaintiffs sought to ... [more] Full article

Letter to Dental College body protected by absolute privilege

In a recent decision, the Ontario Superior Court of Justice has made it clear that professionals who are the subject to defamatory statements made during disciplinary proceedings that merely repeat allegations made in the initial complaint cannot sue the maker of such statements – no matter how false and egregious the statements might be and no matter how malicious their intent. [more] Full article

Does world wide web mean world-wide liability for cyber libel?

Canadian and Commonwealth courts apply old rules to new technologies

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. [more] Full article

Defamation Contributors

Kenneth A. Dekker

Kenneth A. Dekker

Affleck Greene McMurtry LLP

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.

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