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ARTICLE · 10 MAY 2022

Could Full Indemnity Costs Become The Norm In Defamation Actions?

Gardiner Roberts LLP
Gardiner Roberts LLP
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As the use of social media platforms continues to grow, there is a correspondingly growing danger that the misuse of these platforms can cause devastating damage to innocent people...

CanadaLitigation, Mediation & Arbitration

As the use of social media platforms continues to grow, there is a correspondingly growing danger that the misuse of these platforms can cause devastating damage to innocent people who become targets of relentless and vicious online campaigns whose sole purpose is to destroy their reputations. Legislators have been slow to provide protection to innocent victims whose reputations come under attack on multiple websites or multiple online forums. Hosts of websites, online forums or social media platforms are virtually free from government oversight and the worldwide nature of the internet can make it virtually impossible to stop someone from victimizing an innocent person and causing them reputational harm. At common law, the courts possess various tools and powers to minimize the harm suffered by a victim through the granting of injunctions, the making of declarations to remove offending material from the internet, and the awarding of substantial damages.

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