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ARTICLE · 30 MARCH 2016

Cassels Brock Litigators Defeat Jurisdictional Challenge In Cyber Libel Case

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The plaintiff has alleged that 18 blog posts written by the defendant contained defamatory statements which have caused damage to the plaintiff's reputation in Ontario, Canada, and elsewhere.

CanadaLitigation, Mediation & Arbitration
Tim Pinos
Tim Pinos
Christopher Selby
Christopher Selby
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On March 14, 2016, the Ontario Superior Court of Justice released its decision in SciQuest Inc v Hansen et al, 2016 ONSC 1488, dismissing a defendant's motion to stay or dismiss a defamation action on the basis that the Ontario Superior Court did not have jurisdiction, or that another forum was more convenient for the trial of the action. The decision converts the established test for jurisdiction to hear a defamation action to the realities of the internet era. The court found that blog post views, "tweets", "retweets", and evidence of the plaintiff's reputation, all in Ontario, were sufficient to support a real and substantial connection to Ontario and that the plaintiff had not engaged in "forum shopping".

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