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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 | Commercial Litigation, Calgary, AB, +1 403 261 5358, akotkas@fasken.com
  • Peter A. Downard, Partner | Defamation & Media, Toronto, ON, +1 416 865 4369, pdownard@fasken.com
  • Peter N. Mantas, Partner | Litigation and Dispute Resolution, Ottawa, ON | London, +1 613 696 6886, pmantas@fasken.com
  • Christian Leblanc, Partner | Intellectual Property, 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], Appeal to the Supreme Court of Canada of the first decision applying the new Canadian regime of protection of journalistic sources. This is the first or one of the first occurences of a journalist being asked to testify on the identity of her confidential sources. Fasken was retained by CBC to re...
  • Former Ontario Premier Mike Harris cleared of responsibility for death at Ipperwash Provincial Park, [Case - Mike Harris], The Ipperwash Public Inquiry was called by the Ontario government to investigate the death of activist Dudley George and the conflict between the Ontario Provincial Police and First Nations protestors at the Ipperwash Provincial Park in Ontario in 1995. In his final report, released May 31, 2007,...
  • Grant v. Torstar Corporation, 2007 CanLII 13705 (ON S.C.), [Case - Grant Forest Products], Ontario businessman wins libel trial against the Toronto Star - $1.5 million award one of largest in Ontario history. On February 5, 2007, after more than three weeks of trial, a jury in Northern Ontario found that The Toronto Star had libelled Fasken Martineau clients Peter Grant and his compa...
  • 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.], Response to a motion for summary judgment, and thereafter a successful appeal, in a case involving allegations of breach of contract, negligence and damage to reputation. Pipeline Mechanical Services Ltd. v. Metro Capital Management Inc., 2005 CanLII 41544 (ON S.C.) Pipeline Mechanical Service...
  • Alboini and Northern Financial Corporation v. John Doe, [2006] 06-CV-317400 PD1 (Ont. S.C.J.) per C. Campbell J., [Case - Northern Financial], Defendants sometimes try to wrap themselves in the cloak of anonymity that the Internet is thought to provide. Fasken Martineau lawyers have extensive experience dealing with litigation in this area and have repeatedly successfully obtained orders to compel website hosts and ISPs to reveal inform...
  • McMaster University in pending defamation litigation arising from terrorism-related issues, [Case - McMaster University], Counsel to McMaster University in pending defamation litigation arising from terrorism-related issues.

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