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Defamation and reference checks

Reference checks can put former employers in an awkward position. Employers want to tell the truth but may be concerned about the potential legal consequences of providing a bad reference. However, a recent case out of Ontario suggests that employers should not be afraid to tell the truth when asked to provide a reference for a former employee.

 

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Updated: Nova Scotia passes new cyber-bullying legislation

On October 5, 2017, the Nova Scotia Legislature introduced Bill No. 27, the Intimate Images and Cyber-protection Act. The Act comes as Nova Scotia’s previous cyber-bullying legislation, the Cyber-safety Act, was struck down in 2015 by the Nova Scotia Supreme Court on constitutional challenge.

 

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The new privacy tort – Another victory for victims of cyberbullying

In the highly-publicized decision of Doe v. N.D., the Ontario court recently granted a victim of cyberbullying significant damages, to compensate her for the serious emotional and reputational harm she suffered in the hands of the defendant.

 

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My website allows users to post comments – can I be liable for defamation?

If you host a website that allows the public to post comments, you may be surprised to find out that you may sued if a stranger posts defamatory comments on it.

 

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Yelp! – How do I deal with negative online reviews?

Every business knows that online reviews matter. They are today’s equivalent of “word of mouth”. It is to be expected that most businesses will, at some point, receive negative reviews online. After all, unhappy consumers tend to want to share their negative experience with the world. Those negative reviews may have a great impact on the business’ financial success or failure.

 

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The ‘right to be forgotten’ on Google – Can it happen in Canada?

“If a tree falls in the forest and no one is around to hear it, does it make a sound? Similarly, if damaging information is posted on the internet and is not picked up by Google, does it cause harm?”

 

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What to do if you are a victim of cyberbullying or cyberlibel – Part 2

In this posting, I will provide tips to adults and businesses that are being cyber-libelled. Anyone can be made a target of online defamation, with devastating consequences to one’s personal and professional reputation. Indeed, at its worst, cyber-libel can bring an individual or business to the brink of bankruptcy.

 

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Is cyberbullying a crime?

Is cyberbullying so serious as to be considered a crime? Apparently so.

 

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Dear Mr. / Mrs. Doe – Please pay up!

What do you do if an anonymous blogger has defamed you online? The first thing you do is…

 

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Anonymous blogger – reveal thyself!

In a recent decision from the Ontario courts, a judge has ordered an anonymous blogger to reveal his or her identity to the plaintiff, so the plaintiff can sue them for defamation. There is only one catch: how does one go about enforcing such order?

 

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Angry bloggers beware! – Your anonymity is not guaranteed… unless you defame a politician

One year ago, I wrote about the Canadian courts’ trend of ordering Internet service providers or website operators to reveal the identity of anonymous bloggers, when it is alleged that the bloggers had defamed the plaintiff. A recent decision by the Ontario Superior Court of Justice, suggests that, when the plaintiff is a politician, the bloggers may continue to remain anonymous.

 

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The Facebook bullying case – Part II

In May 2011, I wrote about a case from Nova Scotia which I referred to as the “Facebook Bullying Case”. This case involves a teenage girl who was bullied and defamed on a fake Facebook page. To address this problem, her parents brought an application…

 

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The Facebook bullying case – some tough issues to ponder

In a case that has gained significant media attention, the Nova Scotia Court of Appeal has held that the name of a 15-year-old girl, who was allegedly defamed and bullied online, should be revealed to the public.

 

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The Facebook firing cases – can it happen in Canada?

There has been a lot of press in the U.S. last week over the so-called “Facebook firing case”. An employee of the…

 

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To hyperlink or not to hyperlink – That is the question

This week, the Supreme Court of Canada heard arguments on a question that is unique to Canadian law: if you place a hyperlink in your website or blog, and that hyperlink leads to a website that contains defamatory statements about another person, are you liable to that person for defamation?

 

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