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The Ontario Superior Court declined to rule whether an internet article that is published internationally on-line by a newspaper in another country can be considered to be part of a “newspaper printed and published in Ontario” within the meaning of the on the basis no expert evidence had been put before the Court by the defendant journalist who sought to rely on sections 5 and 6 of that statute. The court held that publication occurs where the allegedly defamatory matter is downloaded from the Internet or where a book is read. C.), held that the defamation is committed at the time and place when a person downloads the impugned material from the internet.
The Court went on to hold that, in any event, the plaintiff had complied with s. “It was and should have been reasonably foreseeable to the defendants that, in writing, researching, editing and publishing Noir Canada, dissemination and marketing of Noir Canada in Ontario and via the internet would or could cause harm to the plaintiff in Ontario. The plaintiff in this case “neither alleged nor tendered any evidence that any individual in British Columbia has downloaded and read the impugned material posted ...
5(1) in providing a notice of libel within six weeks of discovering the libel and had also commenced the action within the three month limitation period set out in s. As a result, I am of the view that the above activities have rendered the defendants subject to the jurisdiction of this forum.” The Ontario Superior Court rejected arguments by the defendant, a competitor of RIM, that the Ontario court did not have jurisdiction, or alternatively, that Ontario was not a convenient forum to hear the trial of this action. 7(a) of the Trade-marks Act, and alleged injurious falsehood and unlawful interference with the plaintiff’s economic relations. on the website.” The Ontario Superior Court of Justice held that it had jurisdiction to hear this case (as conceded by the defendants) and rejected the defence submissions that India was a more appropriate jurisdiction for the action.
6 of the The Superior Court of Quebec dismissed a pre-trial application by one of the defendants, a journalist, to strike out elements of the plaintiff’s claim for damages relating to the publication of 39 allegedly defamatory articles in a monthly bulletin posted on the defendant’s Internet website. The plaintiff claimed damages in its statement of claim for allegedly false and misleading statements contrary to s. These claims related in part to statements allegedly reported and published in various media and on the Internet; interviews with CNBC Europe and CNN in England which were posted on the defendant’s website; and an interview with Telecom TV linked to the defendant’s website. As a result, the defence motion to stay the Ontario litigation on forum conveniens grounds was dismissed.
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The Canadian Internet defamation decisions are currently indexed under the following topic headings: As new Canadian Court rulings are pronounced and listed on this page, new topic headings may be added.
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The defendant journalist alleged the claim against him was outside the one year limitation period for claims based on injury to reputation. [Note: On this type of application, the Court does not decide the merits of the claims]. 834 (BCCA), the Ontario court accepted that “defamation occurs in the jurisdiction where the statements were read or heard.” The Quebec Superior Court , following and applying Vincent v Forget, 2008 QCCS 2466, ordered that a lawsuit for defamation based on words published in discussion groups hosted by Google inc. The plaintiffs, who originally came from the Punjab and have lived in Canada since 1992, brought this libel litigation over an article relating to events which took place in India.
The Court noted that a previous Court ruling had rejected the substance of that application. The Court held that there was a real and substantial connection between Ontario and the facts giving rise to the lawsuit, rejecting defence submissions that Ontario was not implicated because the statements at issue were made in the United States or the United Kingdom by United States citizens regarding a United States patent infringement lawsuit. should be transferred from the judicial district of Trois-Rivières to the judicial district of Montrèal where the defendants reside. 68 of the Quebec Civil Procedure Code required a lawsuit for defamation based on publication on a website to be brought in the judicial district of Joliette where the defendant resided and where his computer was located. The Court noted that although the print edition of the defendant newspaper “is directed to readers in India for the most part, the [newspaper’s] website is accessed by an approximate average of 8,000 readers per day in Canada, a significant portion of whom are in Ontario.” In arriving at the conclusion that the action should be heard in Ontario, the Court noted that the plaintiffs had commenced defamation actions against three other newspapers distributed in Ontario and read by members of the Punjabi-speaking population which had reportedly published the same article or a version of it.
The Court stated: "The plaintiff has undertaken not to seek at the trial of this action to recover damages for reputational harm in Israel or anywhere else outside of Canada. Publication occurs when the words are heard, read or downloaded. The connection between the subject matter of the actions and Ontario is thus significant.”“connected to Ontario if it was reasonably foreseeable to these defendants that the allegedly defamatory press releases posted on their company’s New York website would be downloaded and published in Ontario and would result in damage to the plaintiff’s reputation in Ontario.”.