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
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.
