Volume II

Issue : 14: July 8, 2004

• U.S. Supreme Court Rules COPA Unconstitutional
• Negotiation Instead of Litigation over Internet Gambling
• The Ontario Privacy Commission Releases 2003 Annual Report
• U.S. Appeals Court Dismisses Appeal in Microsoft Antitrust Case
• Quebec Court Dismisses Claim of Internet Defamation
• U.S. Court Finds Email Monitoring Does Not Violate Privacy Laws
• United States United Kingdom and Australia Unite to Fight Spam Together
• In Landmark Decision (Tariff 22), Supreme Court of Canada Rules ISPs Not Liable for Copyright Violations by Subscribers

Home > Volume II > Issue 14: July 8, 2004 > Quebec Court Dismisses Claim of Internet Defamation

Quebec Court Dismisses Claim of Internet Defamation

In the case of Bernard c. Transport Loignon Champ-Carr Inc., the Quebec Superior Court dismissed the counterclaim brought by the defendant, Loignon, for defamation resulting from the Internet web site established by the plaintiff. The initial claim of the plaintiff sought injunctions to stop Loignon from performing construction on property neighbouring the plaintiff's property, for which Loignon did not have proper permits. The plaintiff established a web site on which he placed an open letter about the situation and various pictures of Loignon's activities. The web site also displayed a caricature of an armed cowboy riding on one of Loignon's trucks. The court dismissed Loignon's claim on the basis that (i) there was no proof of any damages or losses suffered by Loignon as a result of the web site, (ii) the facts reported on the web site were accurate and of public interest, and (iii) the intention of the web site was not to harm or injure Loignon's reputation.

For a copy of the decision, visit:

http://www.canlii.org/qc/jug/qccs/2004/2004qccs13587.html