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ARTICLE · 18 JUNE 2013

Website User Comments: To Monitor Or Not?

Robinson Sheppard Shapiro
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In January 2012, the Québec Court of Appeal dismissed the appeal from a Superior Court decision awarding damages against a website owner for defamatory content on its website.

CanadaLitigation, Mediation & Arbitration
Daniel Khazzam
Daniel Khazzam

In January 2012, the Québec Court of Appeal dismissed the appeal from a Superior Court decision awarding damages against a website owner for defamatory content on its website (Canoë inc. v. Corriveau, 2012 QCCA 109). In that case, a journalist running a blog on a website owned by Canoë inc. ("Canoë") published a blog post regarding the conduct of a certain criminal lawyer in the defence of her client, who was accused of sexual assault of a minor. The blog post elicited various defamatory and injurious comments from the website's users targeted at the lawyer. The website's terms and conditions for the blog prohibited the posting of defamatory content and provided that Canoë could remove messages from its blog that violated its policy, implying supervision over content.

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