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

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 British Columbia Court of Appeal’s recent decision in Northwest Organics, Limited Partnership v. Fandrich, 2019 BCCA 309, (“Northwest”), where the BCCA upheld the trial judge’s decision that considered the plaintiff’s own participation in the debate that led to the defamatory statements in order to determine that the statements were not in fact defamatory. What is Defamation? It is incredibly easy to defame someone. You have probably done it without even ... [more] Full article

Ontario’s Top Court considers Anti-SLAPP legislation in a series of cases

The Ontario Court of Appeal recently released a handful of new opinions about the application of Ontario’s Anti-SLAPP legislation. The Protection of Public Participation Act, 2015 came into force in late 2015, but these decisions are the first time that the Court of Appeal has had a chance to address the new laws. [more] Full article

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 ... [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


Defamation 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.

Contributor's Profile

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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Jacob Millar

Jacob Millar

Affleck Greene McMurtry LLP

Jacob Millar is a versatile lawyer who as a law student and articling student has gained experience in civil and criminal litigation and administrative matters in Ontario, Nova Scotia and the U.K. As an associate with the firm, Jacob represents and advises clients in all manner of commercial disputes and competition law matters.

Contributor's Profile