Ontario Superior Court Makes Defamation Judgments Against Anonymous Online Posters
In a recent decision , the Ontario Superior Court of Justice struck a blow for victims of defamatory internet posts who may have a good cause of action against anonymous authors but no easy means to identify them by name or serve them in the traditional manner. In Theralase Technologies Inc. v. Lanter, the plaintiffs sued anonymous posters on a website called Stockhouse.com (“Stockhouse”) for publishing defamatory content about them, including accusations of dishonesty and criminal acts. The motion judge, Justice Myers, even described one post as “misogynistic” and “particularly disgusting”. The plaintiffs first obtained a court order requiring Stockhouse ... [more] Full article
When can a member sue a Church, Club, or other Voluntary Association for treating them unfairly?
In Aga v. Ethiopian Orthodox Tewahedo Church of Canada, 2020 ONCA 10, the Ontario Court of Appeal affirmed when a voluntary association can be sued for failing to follow their ... [more] Full article
Test for Anti-SLAPP Motions Reaffirmed by the Ontario Court of Appeal
The law has struggled to balance the right to freedom of expression ingrained in our Charter of Rights and Freedoms with protecting the public from defamatory statements. In an effort ... [more] Full article
Supreme Court Class Action Decision In Godfrey
The Supreme Court of Canada released its judgment last September in the price-fixing class action, Pioneer Corp. v. Godfrey, 2019 SCC 42. The Court held: Limitations The discoverability rule applies ... [more] Full article
Civil Litigation Contributors
Michael Binetti
Michael Binetti, a partner of the firm, brings a proven litigation background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation. Michael’s peers and clients have commented that Michael is an “excellent and creative lawyer,” “finds unique solutions to complex problems,” and that “Michael gets it and knows how to win.”
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 ranked as Repeatedly Recommended for Securities Litigation by Lexpert, for Corporate and Commercial Litigation by Best Lawyers of Canada, and he has been given the highest available rating of AV, or pre-eminent, by his peers on Martindale-Hubbell.
Masiel A. Matus
Masiel has a broad commercial litigation practice and represents both national and international clients in a variety of complex matters. Masiel has experience litigating cases involving professional negligence, commercial leasing and real property disputes, insurance, contract disputes, shareholder disputes, fraud, breach of fiduciary duty, breach of trust, employment matters and defamation claims.
Ardita Sinojmeri
Ardita joins Affleck Greene McMurtry LLP as an Associate Lawyer after completing her articles with the firm. Her growing practice encompasses a broad range of litigation matters including securities litigation, insurance defence, employment disputes, and shareholder disputes. Ardita earned her Juris Doctor from Western University’s Faculty of Law. Prior to joining the firm, she participated in a number of initiatives aimed at helping individuals and businesses struggling through COVID-19. Ardita looks forward to putting her legal, business, and community engagement skills to use in all the firm’s practice areas.
