Family Business Litigation | Start Up Company Litigation

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorAppointing Auditor, Appointing Inspector, Business Arbitrator, Business Defamation, Business Dispute Arbitrator, Business Disputes, Business Law, Business Litigation, Commercial, Commercial Arbitration, Commercial List Matters, Directors' and Officers' Liability, Family Business Disputes, Shareholder Disputes, Start-Up Disputes0 Comments

We have experience acting for, advising and representing those in closely-held company litigation, both arising from family business disputes and start-up company disputes. Family Business Disputes Many businesses in Canada are family businesses or have evolved from family businesses. Family businesses present many unique challenges as they grow, as key members of the company or partnership leave the family business, or when personal relationships of the key members of the family business thereby change or deteriorate. One of the most common differences between a family business and other established businesses, whether or not a shareholders’ agreement, partnership agreement and other legal documentation was used in the formation of the family business, is the informality in operation of the family business, including the often ignored distinction in fact between employees, shareholders, or partners – since family members often take on multiple roles. Please see our webpage on Family and Closely Held … Read More

Ontario Court of Appeal Says Costs on anti-SLAPP Motions Should not Generally Exceed $50,000

Gilbertson Davis LLPBusiness Defamation, Business Disputes, Civil Litigation, Cyber Libel, Defamation, Internet Defamation, Libel, Online Defamation, Slander0 Comments

In the recent decision, Park Lawn Corporation v. Kahu Capital Partners Ltd., 2023 ONCA 129, the Ontario Court of Appeal (“ONCA”) provides welcome guidance on s. 137.1 of the Courts of Justice Act, a provision introduced in 2015 to prevent strategic lawsuits against public participation (“SLAPP”). The decision under review by the ONCA is that of a judge’s dismissal of a motion brought by the appellants under s. 137.1 (“anti-SLAPP motion”). In particular, the appellants took issue with the motion judge’s conclusion that the plaintiff had proven sufficient harm caused by the defamatory statements. The appellants alleged that the motion judge failed to properly weigh the harm to the plaintiff against the public interest in protecting the appellants’ expression on matters of public interest. In dismissing the appeal, the ONCA found no reviewable error in the motion judge’s analysis, and advised that the motion judge “correctly described the legal principles … Read More

Allegedly Defamatory Review Found not to Relate to a Matter of Public Interest

Gilbertson Davis LLPBusiness Defamation, Civil Liability, Cyber Libel, Defamation, Internet Defamation, Libel, Online Defamation, Slander0 Comments

In Echelon Environmental Inc. v. Glassdoor Inc., 2022 ONCA 391, the Ontario Court of Appeal (“ONCA”) dismissed the appellant’s appeal from a decision of the motion judge of the Ontario Superior Court of Justice, in which the motion judge denied the appellant’s request to dismiss the respondent’s defamation action under s. 137.1 of the Courts of Justice Act (“Act”), known as the “anti-SLAPP” provision of the Act. The appeal mainly focused on whether an anonymous workplace review by an employee about his/her employer relates to a matter of public interest as required by s. 137.1(3) of the Act. The ONCA opined that on such motions, “expression is to be assessed as a whole”. As such, the question is whether: “some segment of the community would have a genuine interest in receiving information on the subject”. The court must ask: “Understood in its context, what is the impugned expression really about”? … Read More

Court Orders Removal of Fake Reviews Posted by Anonymous Reviewer

Gilbertson Davis LLPBusiness Defamation, Business Litigation, Civil Liability, Civil Litigation, Cyber Libel, Defamation, Harassment, Internet Defamation, Libel, Norwich Order, Online Defamation, Online Defamation, Online Harassment0 Comments

In Obsidian Group Inc. v. Google LLC, 2022 ONSC 848, the moving party brought a motion, prior to commencing its civil proceeding, for an interim injunction requiring the removal of certain messages about it posted on its Google review page by a pseudonymous reviewer. It also sought a Norwich Order (an order requiring an innocent third party to provide certain information) directing the respondent to divulge identifying information regarding the unknown reviewer. The court found that there were “strong grounds for suspecting that” the reviews are fake. The court also found that it “would not surprise anyone” given the content of the reviews that they are “causing continuous damage” to the business of the applicant. The reviews seem “designed to discourage people from ever booking a room at the hotel” of the applicant. Further, according to statistics provided by the applicant, the reviews were “accessed several thousand times since they … Read More

Domain Name Disputes, Counterfeit Websites, Fake Bad Reviews and Remedies

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorBreach of Non-Competition Agreement, Breach of Non-Competition Clause, Breach of Non-Solicitation Agreement, Breach of Non-Solicitation Clause, Business Defamation, Business Disputes, Business Fraud, Business Torts | Economic Torts, Civil Conspiracy to Harm, Commercial, Copyright Infringement, Cyber Fraud, Cyber Libel, Domain Name Disputes, False Light, Information Technology, Injunction & Specific Performance, Intellectual Property, Internet Defamation, Internet Fraud, Online Defamation, Passing Off, Trademark Infringement, Website Copying0 Comments

I discuss here a number of internet-based “dirty tricks” that competitors or others may deploy and which may have serious adverse consequences for you or your business. I also briefly mention the types of remedies which may be available to those victimized in this way. Confusingly Similar Domain Names  In today’s modern web-based commercial world, it is more important than ever to ensure that potential customers  and returning customers are properly connected with your website domain name, and to use domain names that are well-branded and associated with your business. It is not uncommon for competitors, cyber-squatters, or other persons to obtain control of domain names that are confusingly similar to your trademarks, business names, or your domain name. Then there is a real risk that users seeking your website are instead directed elsewhere by that confusingly similar domain name. Recovering a Domain Name In order to recover (transfer to … Read More

Defamation Lawyers and the Inference of Publication

Gilbertson Davis LLPAppeals, Business Defamation, Civil Litigation, Commercial Litigation, Cyber Libel, Defamation, Internet Defamation, Online Defamation0 Comments

In our blog Toronto Defamation Lawyers – Libel and Slander Law in Ontario, we suggest that in order to be successful on a defamation claim, one would have to prove that the allegedly defamatory publication was “published”, among other things. The court of appeal has provided some clarity on what it means to “publish” defamatory content. In Zoutman v. Graham, 2020 ONCA 767 (CanLII), the court contends on an appeal from a summary judgment motion, that a defamation claim requires proof that the “words were communicated to at least one person other than the plaintiff”. On the original summary judgment motion, the motions judge acknowledged that there was no evidence that the allegedly defamatory postings were viewed by anyone other than the parties and their lawyers. However, the motions judge drew an “inference of publication” from the totality of the circumstances. In drawing the inference of publication, the motions judge … Read More