In Which Jurisdiction Should An Internet Defamation Claim Be Commenced?

The question of where to bring an action for defamation can be complicated in internet defamation cases. A publication made on a computer in one jurisdiction may be read and republished by people almost anywhere in the world. Similarly, while the publication may have a stronger connection to one jurisdiction, the plaintiff's reputation may suffer more harm in another jurisdiction. Where, then, should the claim be commenced?

In Canada, a court may exercise jurisdiction only if it has a "real and substantial connection" with the subject matter of the litigation. If that is established, the court will proceed to consider whether it should decline to exercise its jurisdiction because there is a "clearly" more appropriate or convenient jurisdiction in which the action can be brought.