Volume VII

Issue : 1: January 15, 2009

• Facebook Firing Sparks Debate Over Cyber Sacking
• Australian Court Permits Court Documents to be Served via Facebook
• Privacy Commissioner Finds Privacy Risks in Administrative Decisions
• eMusic.com Loses CIRA Domain Name Claim for eMusic.ca
• Russian Entrepreneur Trademarks
• Ontario Court of Appeal Upholds $40,000 Web Defamation Award

Home > Volume VII > Issue 1: January 15, 2009 > Ontario Court of Appeal Upholds $40,000 Web Defamation Award

Ontario Court of Appeal Upholds $40,000 Web Defamation Award

In December 2008, the Ontario Court of Appeal upheld a trial court award of $30,000, in addition to legal costs of $10,000, against Paul Fromm, a notorious Canadian neo-Nazi leader and activist. The trial judge had found that Mr. Fromm had made defamatory statements against Richard Warman, an Ottawa-based lawyer active in human rights law, and that such statements were not protected by the defence of fair comment since malice was exhibited. The Canadian common law defence of fair comment seeks to protect statements on matters of public interest (excluding gossip), that are a fair and honest expression of the author's opinion, based on known and provable facts, and with no actual, underlying malice. Following the Court of Appeal ruling, Mr. Fromm sought assistance from supporters to cover the $40,000 judgment, as well as to finance a possible appeal to the Supreme Court of Canada.

For a copy of the Ontario Court of Appeal decision, visit:

http://www.canlii.org/en/on/onca/doc/2008/2008onca842/2008onca842.pdf