Toronto Internet Lawyers and Technology Lawyers

Cyberfraud | Online Fraud | Computer Fraud | Internet Fraud
Toronto Technology Business Contracts Lawyers
Injunctions and Lawsuits for Online Defamation | Cyber Libel
Domain Name Litigation and Dispute Resolution

Gilbertson Davis LLP accepts retainers on behalf of individuals and businesses having disputes with registrants, registrars, websites, internet service providers (ISPs), owners of websites and blogs, and even “copyright trolls”, on a wide variety of legal issues.

Accepted retainers on Internet Legal Issues include:

- Computer Fraud (acting for victims)
- Defamation – Cyber Libel
- Domain Name Disputes
- Digital Financial Payment Systems – Bitcoin and Blockchain Technology
- Appropriation of Personality – use of an image, voice or name to directly endorse a commercial product or service

Defamation

We can advise and represent you or your business on jurisdictional issues concerning your claims in relation to the online defamation and the likelihood of liability of the author, publisher, registrant (owner) of a website, blog, social media or forum, or internet service provider hosting such online presence.

For those contemplating bringing a claim or facing a claim, it is very important to be aware of and/or know how to comply with the following very short time limits:

Notice of Action time limit for notice to intended defendant under the Libel and Slander Act, R.S.O. 1990, c. L.12

Limitation Period time limit to commence legal proceedings in Ontario under the Libel and Slander Act, R.S.O. 1990, c. L.12

Domain Name Disputes

With a new set of top level domains being set to release in the near future, the risk of competitors and "cyber squatters" inappropriately obtaining similar domain names to yours is a growing concern.

We can advise and represent you or your business in connection with domain name disputes, including claims against cyber squatters, sometimes resolved on the basis of residency requirements and/or through complaints to internet registrars, but other times requiring judicial assistance. We have experience in obtaining prompt injunctive relief in respect of domain name disputes.

Online Digital Financial Payment Systems | Bitcoin and Blockchain Technology

There are a growing number of global online payments systems in operation or accessible in Canada, including Bitcoin exchanges. Some payments systems are marketed as online payment service providers and others as peer-to-peer (P2P) payment exchanges, in the so-called “digital currency”, “virtual currency” or “electronic currency”.

Systems like Bitcoin utilize technology known as “blockchain” or distributed ledger technology, which can also assist companies in a wide array of transaction-related matters, including implementing escrow agreements and other so-called “smart contracts”. The use of this technology is increasingly being considered for use in almost every legal area, from insurance matters to securities law, oftentimes without legal advice on the jurisdictional, liability, privacy, or enforceability issues that may be involved in using these technologies. It is important that individuals and businesses relying on these new technologies obtain prompt and effective legal advice on these issues.

We have local and international experience in negotiable instruments, e-commerce (including electronic bills of lading), internet law and technology. We can offer advice and representation in matters concerning online payments systems, online payment service providers, blockchains, and so-called digital currencies and smart contracts.

Appropriation of Personality

The ease and far reach of publication on the internet can result in the unauthorized commercial use of the personality, image, representation, name or voice to endorse a product in violation of a person’s right to exploit their own personality. A careful consideration of each case is required to determine whether such conduct is wrongful and actionable at law.

Injunctions

Because of the harm that can be caused through widespread, international dissemination through the internet, this type of conduct is often the subject of cease and desist letters and injunctions to restrain the wrongful and/or prohibited acts.

These types of injunction proceedings must be brought without delay and in the court having jurisdiction.

Our lawyers who practice in this area have experience in bringing and obtaining injunctions restraining the making of untrue and defamatory statements online and otherwise. Do not delay in obtaining legal advice once you or your business becomes aware of defamatory words online.

Please contact Gilbertson Davis LLP to arrange an initial consultation.