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Archive For Entries On Torstar Corp (2009)

Crookes v Newton: Hyperlinking, Defamation Law, and Freedom of Expression on the Internet

On October 17, 2011, the Supreme Court of Canada released its landmark decision in Crookes v. Newton, 2011 SCC 47, affirming 2009 BCCA 392 and 2008 BCSC 1424. At issue was whether creating an internet hyperlink to defamatory material constitutes “publication” of the material for the purposes of defamation law. The case challenged the Court [...]

“Drop in Caseload” at the Supreme Court of Canada

The Court had a busy semester covering cases appearing at various levels of courts in Canada and abroad. You might have noticed that we’ve covered fewer major SCC decisions appearing on the docket (aside from a quick burst over the holidays) and more decisions at the appeal and Federal court levels. There is a fairly [...]

“And the Winner is…”: the First Annual OZZY Awards

A while back, we promised we would compile a list of our top judgments from 2009 in a number of categories. And so, at the risk of diverting the nation’s attention from our top athletes at the Olympics, we present to you the First Annual Ozzy Awards (named in recognition both of our school and [...]

Grant v. Torstar Corp.: Responsible communication on matters of public interest

On December 22, 2009, the Supreme Court of Canada issued its judgment in Grant v. Torstar Corp. (2009 SCC 61) establishing a new “responsible communication” defence to the tort of defamation. Much has already been said about the decision in media and journalistic circles and the decision has been hailed as a win for public [...]

The Constitutionality of Publication Bans

Yesterday, the Supreme Court of Canada heard two appeals testing the constitutionality of s. 517 – the publication ban provision – of the Criminal Code. In both cases, the Court found that s. 517 infringed the guarantee of freedom of expression under the s. 2(b) of the Charter. Opinions differed, however, as to whether this infringement was [...]

Defamation, Media Privilege and the Charter: Cusson v. Quan and Grant v. Torstar Corp – Part 2

Cusson, Quan, Jameel. Freedom of Expression, Grenier, Reynolds, Richard Butle

Limiting the Imposition of Mandatory Publication Bans in Bail Hearings: Toronto Star Newspapers Ltd. v. Canada

In Toronto Star Newspapers Ltd. v. Canada, 2009 ONCA 59, released 26 January 2009, the Ontario Court of Appeal considered the interpretation and constitutionality of s. 517 of the Criminal Code, which provides: 517. (1) If the prosecutor or the accused intends to show cause under section 515, he or she shall so state to [...]