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A link will in most cases lead to a free, publicly-accessible website.In a few instances, the link is not to another website but to an Adobe Acrobat version of the judgment stored on this website. Most are from the Ontario Superior Court of Justice which does not display its decisions on its website.
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.Mc Conchie Law Corporation does not express any view concerning the validity of the findings of fact made by the courts whose decisions are listed below. Accordingly, the issue of “publication” is a matter of proof, by evidence, in each individual case.Findings of fact may be discussed, however, to the extent necessary to provide context for a court's decision. This statute substantially codifies the common law but litigants and their legal counsel should give its provisions close consideration. By failing to lead any evidence at all of “publication” in Ontario, the plaintiff has failed to prove that the alleged tort of defamation was committed in Ontario.Most of the Canadian decisions which pre-date April 1, 2004 are discussed in Roger D. Potts, Canadian Libel and Slander Actions (Toronto: Irwin Law, 2004).References to relevant pages in the book are given below. The Court held that publication within Ontario could not be presumed in favour of the plaintiff.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 also noted that the plaintiff sought damages for invasion of privacy, which is not subject to the one year limitation. The Court noted that the impugned statements “were disseminated in Ontario by direct contact with the media or by the internet.” Referring to Crookes v Holloway,  B. The Court rejected submissions by the plaintiff that the website publication was, by analogy, a “libelle de presse” (newspaper libel), in which case a plaintiff would be entitled to bring the case in the judicial district where the plaintiff resides. The desirability of avoiding a multiplicity of proceedings was a factor which the court held weighed heavily in favour of the plaintiffs on this application.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.Under each topic heading, the Canadian decisions are listed in reverse chronological order (i.e. Wherever possible, a hypertext link is provided to the full text of a Canadian decision.At this late stage, the Court should not be asked to decline jurisdiction. “Yahoo has no offices in Canada, is not registered to do business in Canada and does not pay Canadian taxes. The fact Yahoo can be accessed on the internet from a computer in British Columbia is not evidence it is carrying on business in British Columbia.” The Court, applying Dow Jones Co. The plaintiff’s wife and children had moved to Montreal in December 1996.Further, such an Order was not justified in all the circumstances. Yahoo does not do business and has no physical presence or bank accounts in British Columbia. The Court of Appeal heard from an intervener, Media Coalition, which suggested alternative approaches to the issue of jurisdiction which the Court declined to adopt in this case, stating “[i]t may be that in some future case involving internet publication, this court will find it useful to consider and apply one or more of the proposed approaches.” See Mc Conchie and Potts, Canadian Libel and Slander Actions, ", less than 250 copies of which were delivered in hard copy to subscribers or newsstands in Canada (none in British Columbia).The British Columbia Court of Appeal, in the context of a privacy claim, ordered a stay of proceedings by a British Columbia resident against the defendant Facebook, Inc. The Ontario Superior Court of Justice dismissed a defence motion to stay six related libel actions brought by the plaintiff Conrad Black holding that there was a real and substantial connection with Ontario and that the province was a convenient and appropriate forum.