Canadians May Need To Pursue Internet Defamation Lawsuits Abroad

1. Summary and comment

Is a Canadian citizen, allegedly defamed in an on-line article published in his home province by a foreign newspaper, entitled to vindicate his reputation in the courts of the province where he lives and maintains his business, and where the sting of the article's comments is felt? According to the majority of the Supreme Court of Canada in Haaretz.com v. Goldhar¹ , the answer to this question is "no".

While a majority of the Court concluded that Ontario had jurisdiction simpliciter, it also found, contrary to the courts below, that Israel was the clearly more appropriate forum for trial proceedings. The plaintiff's claim was thus stayed in favour of litigation in the courts of Israel.