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Defamation & Media


Fasken is recognized for our work in landmark defamation cases, including several heard by the Supreme Court of Canada that further defined the rights of mass media and continue to influence government policy.
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Overview

Defamation and media law balances fundamental values of freedom of expression with the need to protect privacy. The volume of media, online and business activities adds complexity to fast-moving situations that require effective interventions.

 

Key questions always need to be asked in situations where reputational damage is alleged.  What is the legal analysis in this specialized field?  What are the options?  What is the optimal course of action in today’s world of instant communication?

 

We advise clients on all sides of defamation matters, including business leaders, political figures and a wide range of businesses and organizations.  We also represent major media corporations, providing pre-publication advice and determining risks to journalistic integrity.

 

Canadian law often differs from that of other countries.  Within Canada, legal requirements vary from province to province.  We can determine the validity of a claim across any of our global offices or in local areas where expertise is needed.  We have a long track record of reputation management advice focused on achieving optimal solutions now.

 

 

Browse our recent work or contact any of our lawyers to learn more.

Achievements

Team

Primary Contacts
  • Alex Kotkas, Partner, Calgary, AB, +1 403 261 5358, akotkas@fasken.com
  • Peter A. Downard, Partner, Toronto, ON, +1 416 865 4369, pdownard@fasken.com
  • Peter N. Mantas, Partner, Ottawa, ON | London, +1 613 696 6886, pmantas@fasken.com
  • Christian Leblanc, Partner, Montréal, QC, +1 514 397 7545, cleblanc@fasken.com
  • Andrew I. Nathanson, KC, Partner | Co-Leader, White Collar Crime, Vancouver, BC, +1 604 631 4908, anathanson@fasken.com

Client Work

  • Ford v New Democrats of Canada Association, 2024 ABCA 395, [Case - New Democrats of Canada Association], Alberta Court of Appeal finds New Democrats of Canada Association wrongfully named in defamation lawsuit.
  • The Canadian Centre for Gender and Sexual Diversity and Community-Based Research Centre intervene at the Supreme Court of Canada, [Case - The Canadian Centre for Gender and Sexual Diversity and the Community-Based Research Centre], Supreme Court of Canada takes significant steps to recognize the importance of equality-affirming value of protective speech.
  • The Supreme Court of Canada issues a crucial ruling on the protection of journalistic sources, [Case - Canadian Broadcasting Corporation]
  • Former Ontario Premier Mike Harris cleared of responsibility for death at Ipperwash Provincial Park, [Case - Mike Harris]
  • Grant v. Torstar Corporation, 2007 CanLII 13705 (ON S.C.), [Case - Grant Forest Products]
  • Pipeline Mechanical Services Ltd. v. Metro Capital Management Inc., [2005] O.J. No. 4841 (Ont. S.C.J.) per Frank J.; appeal allowed, [2006] O.J. No. (Ont. C.A.) per O'Connor A.C.J.O., Cronk J.A. and Lang J.A., [Case - Metro Capital Management Inc.]
  • Alboini and Northern Financial Corporation v. John Doe, [2006] 06-CV-317400 PD1 (Ont. S.C.J.) per C. Campbell J., [Case - Northern Financial]
  • McMaster University in pending defamation litigation arising from terrorism-related issues, [Case - McMaster University]

Knowledge

  • Anti-SLAPP Legislation: The Ontario Protection of Public Participation Act, 2013, 6/13/2013
  • The Secret Corporate Source: Protected or Not?, 5/8/2013
  • Hate Speech in the Supreme Court: Saskatchewan v. Whatcott, 3/13/2013

Events

News

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