DEFAMATION & REPUTATION MANAGEMENT
Our Defamation and Reputation Management Group is comprised of Toronto lawyers whose practices focus on the litigation fields in which defamation actions typically arise. These practice areas include corporate/banking law, municipal law, employment law, and investigation and privacy law.
Allegations of libel and slander can also arise during disputes between members of professional associations, or as a result of media releases.
Because defamation is a unique and complex area of civil litigation where the law frequently changes and special strategic considerations come to bear, we have entered into an affiliation with Mr. David Potts, co-author of Canadian Libel Practice. David is a senior and respected barrister with a practice that is restricted to this area of the law. He is available to assist members of our firm to respond promptly on complex defamation matters.
1. Defence
Our lawyers are experienced in the following matters:
- media libel and slander claims;
- employer-employee libel and slander claims;
- corporate, insurance adjuster, and private investigator defences premised on absolute and qualified privilege;
- statements made by municipal councilors, provincial employees, and police officers;
- statements made in inter- and intra-corporate disputes;
- statements made in inter- and intra-condominium board and owner disputes; and
- statements made in disputes between members of professional bodies, including the legal, medical, and engineering professions.
2. Coverage
A primary concern of insurers and insureds is the extent to which a particular defamation claim may be covered by insurance. Our Insurance Coverage Group offers opinions to the firm's clients on a variety of insurance matters, including those pertaining to libel and slander in the context of "personal injury" wordings in CGL policies and other forms of insurance.
3. Reputation Management
Our lawyers also proactively address reputation management issues to prevent or reduce the likelihood of clients becoming embroiled in defamation actions. These services include:
- consultation on media releases, or dealing with the media after a claim has been made;
- seminars on the management of volatile situations;
- periodic newsletters on new developments and caselaw in defamation;
- access to defamation specialists throughout Canada, the United States, and in Europe for collaboration, investigation, depositions, and for legal analysis of jurisdictional and other issues.
- Jury Questions: When to Ask for Reasons - Case Study: Cheung v. Samra 2020 ONSC 4904 by Michael Kennedy, September 28, 2020
- The Court exercises its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc. by Howard Borlack, September 26, 2020
- A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
- Strategic Lawsuits Against Public Participation - A "Win" for Freedom of Expression Featured Case Study: Lascaris v B'nai Brith, 2018 ONSC 3068 , July 12, 2018
- To Warn or Not To Warn: An Explanation of the Duty to Warn and the Reasonable Foreseeability Analysis: Case Comment: Maxrelco (Immeubles) v Lumipro Inc. by Howard Borlack, June 29, 2018
- Common Interest Privilege: A New Tool in the Litigation Basket by Howard Borlack, May 25, 2018
- Insurer's Duty of Good Faith will not be expanded by Supreme Court Case Comment: Usanovic v. Penncorp , First Published to MB's Client List, January 09, 2018
- Four Million Dollar Price Tag to Fix an Actress's Reputational Damage , September 20, 2017
- Court of Appeal Declines Remedies against Person Harassing Mayor, Township , August 01, 2017
- Defamation in the Internet Age: The Law and Social Media , First presented at an ORIMS seminar., June 13, 2017
- Public Sharing of Private and Personal Information and Videos: Cyberbullying and the Implications for Insurers , MB Newsletter, May 02, 2016
- $30,000 Awarded for Defamatory Statements Made on Facebook , February 26, 2016
- Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
- Effective Claims Management: The role of the crisis communication strategy , MB Seminar - Effective Claims Management, November 04, 2011
- Journalist-Confidential Source Privilege May Exist In Canada , Toronto Law Journal, May 31, 2010