AGM’s Meredith Hayward and Michael Binetti successful in anti-SLAPP motion dismissing defamation claim by anti-vaccination physicians
In a decision released on February 24, 2022 in Gill v. Lamba, Justice Elizabeth Stewart of the Ontario Superior Court of Justice dismissed an action brought against more than 20 media and health care professionals that had been brought by two physicians who are known as prominent anti-vaccination advocates. Affleck Greene McMurtry lawyers, Meredith Hayward and Michael Binetti, represented two of the successful defendants on this motion, which was brought under s. 137.1 of the Courts of Justice Act (“CJA”), R.S.O 1990, c C.43. Section 137.1 allows for the dismissal by judicial order of a proceeding that limits debate on ... [more] Full article
A New Privacy Tort in Ontario: Publicity placing the Plaintiff in a False Light
In December 2019, a Superior Court judge awarded damages for the first time for a new privacy tort (“Publicity which places the plaintiff in a false light in the public ... [more] Full article
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 ... [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
Defamation Contributors
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.
