| Français | |
Contact us | |
Help | |
Search | |
Canada Site |
|
||||||||
| Justice Home | |
Site Map | |
Programs and Initiatives | |
Proactive Disclosure | |
Laws |
|
|
|
||||||
|
|
|||||||||||||||||||||||||||||||||
|
|
|
||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
GOVERNMENT ON-LINE
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 12.2 | Other Web-site Issues | ||
| 12.2.1 | Freedom of Expression - Roger Guignard v. City of Saint-Hyacinthe, [2002] S.C.J. No. 16 (QL). (The Supreme Court of Canada ruled that consumers have a constitutional right to express their dissatisfaction with companies, products and services via "simple means of expression", such as "posting signs [...] or [...] posting messages on the Internet".) | ||
| 12.2.2 | Communications Policy of the Government of Canada | ||
| 12.2.3 | Legal Fees and Disbursements - McNight v. Hutchison,(QuickLaw can be a necessary disbursement. The evidence in support of such a claim should address whether the use of QuickLaw is the most efficient legal research tool.) | ||
| 12.3 | Defamation | ||
| 12.3.1 | Reichmann v. Berlin, [2002] O.J. No. 2732 (Ont. Sup. Ct. of Justice). Defamatory statements were published over the Internet as a means of extorting payment from the plaintiff, and reaching people from as far away as Austria and Israel. The Court awarded general, aggravated and punitive damages. | ||
| 12.3.2 | Weiss v. Sawyer, [2002] O.J. No. 3570 (QL), (Ont. CA) Sawyer e-mailed a libellous letter which was published in hard copy and on the internet. The Court held that publication of a paper encompasses a newspaper which is published on the internet, for the purposes of the notice requirement in s.5(1) of the Libel and Slander Act, R.S.O. 1990, c. L.12. The e-mail transmission of the letter represent publications. | ||
| 12.3.3 | Dow Jones & Company Inc. v. Gutnick, [2002] HCA 56 (10 December 2002), High Court of Australia. (The Court held that an on-line article defamed Mr. Gutnick in Victoria. The place of publication of the allegedly defamatory material was where a person downloads it, assuming that the person defamed has in that place a reputation which is thereby damaged.) | ||
| 12.3.4 | Young v. New Haven Advocate, U.S. Court of Appeals for the Fourth circuit, Dec. 13, 2002. The Court followed ALS (see 11.1.10 above) and dismissed the Virginia prison warden's libel suit against Connecticut newspapers for on-line publications on the basis that the newspapers did not manifest an intent to aim their web-sites at a Virginia audience. | ||
| 12.3.5 | Bahlieda v. Santa, (2003), 64 O.R. (3d) 599 (Sup. Ct.), rev'd . [2003] O.J. No. 4091 (Q.L.) (On summary judgement, the Court found that posting defamatory remarks on the Internet was a "broadcast" under the Libel and Slander Act and triggered the notice and limitation periods in the Act. The Court of Appeal reversed, finding that the motions judge erred in finding that there was no genuine issue for trial.) | ||
| 13. More Information/Questions? | |||
| 13.1 | Electronic Commerce Committee Contact Rhonda Lazarus (Lazarus.Rhonda@tbs-sct.gc.ca) (613) 952-3345 |
||
| 13.2 | Intellectual Property Secretariat Contact Cal Becker (becker.cal@ic.gc.ca) (613) 941-8381 |
||
| 13.3 | Electronic
Commerce web site (Department of Justice) Contact Joan Remsu (joan.remsu@justice.gc.ca) (613) 946-3118 |
||
| 13.4 | Government On-Line Web Site | ||
|
|
|
|||
| Last Updated: 2005-11-15 |
|
Important Notices | ||