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The Court also rejected defence arguments that the plaintiff's lawsuit in Ontario constituted " The Quebec Superior Court, District of Quebec, dismissed an application by the defence for a change of venue in a defamation action which related in part to an email sent by the defendant to a customer of the plaintiffs in Quebec (City) and the publication of a legal notice. Even if an Ontario libel judgment favouring Black might be unenforceable in the United States, it would still have significant value to Black as a vindication of his Ontario reputation.The District of Quebec was the appropriate venue, because that is where the damages to the plaintiffs' commercial reputation would have occurred. 32-42; presently under reserve in the Supreme Court of Canada:  S. The Quebec Court (Civil Division – Small Claims), District of Montreal, dismissed an application by the defendant to transfer these defamation proceedings to the District of Joliette.
The Court held, however, that the appropriate forum to litigate the defamation claim was in the Superior Court of Alberta or in the Federal Court of Canada. The fact the words complained of were also published in an electronic medium could not be used to defeat this right.Mc Conchie Law Corporation does not express any view concerning the validity of the findings of fact made by the courts whose decisions are listed below. Accordingly, the issue of “publication” is a matter of proof, by evidence, in each individual case.Findings of fact may be discussed, however, to the extent necessary to provide context for a court's decision. This statute substantially codifies the common law but litigants and their legal counsel should give its provisions close consideration. By failing to lead any evidence at all of “publication” in Ontario, the plaintiff has failed to prove that the alleged tort of defamation was committed in Ontario.With respect to the defence argument that Israel was a more convenient forum, the Court of Appeal held that the motions judge was entitled to find that reluctant foreign witnesses "could be compelled to provide evidence in Israel through the use of letters of request (issued by the Ontario Court to the foreign court] and that videoconferencing was a potential means of obtaining the evidence of any witnesses unwilling to come to Ontario. In the court of Ontario, the defendants brought unsuccessful motions to stay the action on the basis there was no real and substantial connection to Ontario and that Ontario was not the convenient forum for the trial of the action.The Ontario Superior Court of Justice granted an application to permanently stay this lawsuit on the basis it was an abuse of process because the plaintiff's parallel Korean lawsuit over the allegedly defamatory emails and blog postings had been dismissed by the Jeju Regional Court in Korea as a result of the plaintiff's failure to comply with a Korean court order requiring him to post security for the defendant's costs. Washington Post 2005 Can LII 32906 (ON CA), (2005), 258 D. For more information about the facts, see the brief Court of Appeal decision: 2010 ONCA 416 and the decision of the Ontario Superior Court of Justice: 23 February 2009, COURT FILE NO.: CV-08-00356266-0000. C.) The Ontario Court of Appeal dismissed an appeal from the March 31, 2009 decision of the Ontario Superior Court which confirmed that Ontario has jurisdiction and is the appropriate and convenient forum for the plaintiff’s six defamation actions against directors, advisors and a Vice President of Hollinger International Inc. Applying the test for jurisdiction in Van Breda v Village Resorts Limited (2010), 98 O. (3d) 721 (CA) [on appeal to the Supreme Court of Canada], the Ontario Court of Appeal rejected defence arguments that treating the place of the tort as the place in which the allegedly defamatory statements were accessed in not appropriate in the context of libel.The British Columbia Court of Appeal, in the context of a privacy claim, ordered a stay of proceedings by a British Columbia resident against the defendant Facebook, Inc. The Ontario Superior Court of Justice dismissed a defence motion to stay six related libel actions brought by the plaintiff Conrad Black holding that there was a real and substantial connection with Ontario and that the province was a convenient and appropriate forum.
The Court noted that a previous Court ruling had rejected the substance of that application. The Court held that there was a real and substantial connection between Ontario and the facts giving rise to the lawsuit, rejecting defence submissions that Ontario was not implicated because the statements at issue were made in the United States or the United Kingdom by United States citizens regarding a United States patent infringement lawsuit. should be transferred from the judicial district of Trois-Rivières to the judicial district of Montrèal where the defendants reside. 68 of the Quebec Civil Procedure Code required a lawsuit for defamation based on publication on a website to be brought in the judicial district of Joliette where the defendant resided and where his computer was located. The Court noted that although the print edition of the defendant newspaper “is directed to readers in India for the most part, the [newspaper’s] website is accessed by an approximate average of 8,000 readers per day in Canada, a significant portion of whom are in Ontario.” In arriving at the conclusion that the action should be heard in Ontario, the Court noted that the plaintiffs had commenced defamation actions against three other newspapers distributed in Ontario and read by members of the Punjabi-speaking population which had reportedly published the same article or a version of it.
The Court also noted that the plaintiff sought damages for invasion of privacy, which is not subject to the one year limitation. The Court noted that the impugned statements “were disseminated in Ontario by direct contact with the media or by the internet.” Referring to Crookes v Holloway,  B. The Court rejected submissions by the plaintiff that the website publication was, by analogy, a “libelle de presse” (newspaper libel), in which case a plaintiff would be entitled to bring the case in the judicial district where the plaintiff resides. The desirability of avoiding a multiplicity of proceedings was a factor which the court held weighed heavily in favour of the plaintiffs on this application.
Most of the Canadian decisions which pre-date April 1, 2004 are discussed in Roger D. Potts, Canadian Libel and Slander Actions (Toronto: Irwin Law, 2004).
References to relevant pages in the book are given below. The Court held that publication within Ontario could not be presumed in favour of the plaintiff.
In Breeden v Black, the Supreme Court of Canada found that a similar damages undertaking given by Lord Black was a significant factor in the analysis of "most substantial harm to reputation." In my view, the damages undertaking provided by the plaintiff is a very significant factor which, in light of the other evidence …., leads to the conclusion that the most substantial harm to the plaintiff's reputation is in Ontario. 80; affirmed: 2011 SCC 47 (Can LII), 2011 SCC 47; J.-G. Walker, Canadian Conflict of Laws (2005), 6th ed.), vol. The statements in question may well have been made in the U. The court concluded that the corporate defendant publisher was carrying on business in Ontario by disseminating copies of the book for sale by bookstores in Ontario and by making the book available for sale in Ontario via the Internet.