Volume II

Issue : 19: October 7, 2004

• Ontario Superior Court Examines Organization and Commercial Activities under PIPEDA
• Australian Court Finds Copyright Infringement in Data Mining of .UK WHOIS Database
• Court Strikes Down Anti bootlegging Statute
• U.S. Appeals Courts Finds Websites not Places of Public accommodation Under Disability Legislation
• Ontario Court affirms Privilege Extends to Electronic File References in Pleadings
• U.S. District Court Strikes Down Statutory Amendments Made by U.S. Patriot Act
• Recent Decisions of Privacy Commissioner Review Practices of Satellite Television Provider and Contest Sponsor
• California Court Finds Misuse of Digital Millennium Copyright Act
• Ontario Court of Appeal Releases its Decision in Robertson Case Holding Database Inclusion Constituted Copyright Infringement

Home > Volume II > Issue 19: October 7, 2004 > Ontario Court affirms Privilege Extends to Electronic File References in Pleadings

Ontario Court affirms Privilege Extends to Electronic File References in Pleadings

In the recent case of Big Pond Communications 2000 Inc. v. Kennedy,the defendant brought a counterclaim for damage to his reputation resulting from the word "theft" following his name in the electronic file path printed at the bottom of the statement of claim. The Ontario Superior Court of Justice dismissed the counterclaim finding that the absolute privilege from suit for statements made in court and in pleadings extended to the file path, and therefore there was no reasonable cause of action.

For a copy of the decision, visit:

http://www.canlii.org/on/cas/onsc/2004/2004onsc10591.html