Wong, Tony

From Ad IDEM / CMLA

Media and general litigation

PROFILE

Tony Wong is a litigation Partner. He has a specialized practice in media law, including defamation, freedom of the press and access to information. Tony's media law practice includes acting for the Toronto Star, Canada's largest daily newspaper; Metro News; the Canadian Broadcasting Corporation; and Sing Tao Daily, Canada's leading Chinese language newspaper. On a daily basis, he advises these clients on all legal issues arising from publication (such as libel, contempt and copyright). He also frequently attends court to oppose publication bans and orders excluding the media from the courtroom. Tony has extensive experience defending libel claims against media clients. During his time at Blakes, he has defended approximately 30 separate libel claims from the drafting of pleadings, arguing pre-trial motions, and acting as counsel at trials and appeals.

Tony is recognized in the 2008 edition of The Best Lawyers in Canada in the specialty of defamation and media law, and is also recognized in The Canadian Legal Lexpert Directory as being repeatedly recommended in the area of defamation and media litigation.

Tony has appeared as lead counsel at every level of court in Ontario from the Ontario Court of Justice to the Ontario Court of Appeal. His courtroom experience includes acting as counsel on significant appeals, trials, applications, administrative hearings and judicial reviews.

A selection of the reported cases on which Tony has appeared as counsel is set out below:

Toronto Police Services Board v. (Ontario) Information and Privacy Commissioner, 2009 ONCA 20 [appeal of judicial review decision quashing order of Information and Privacy Commissioner]

Guo v. Sing Tao Daily Ltd., [2008] O.J. 1840 (Sup. Ct.) [opposing addition of libel claim against reporter after expiry of limitation period]

Toronto (City) Police Services Board v. Ontario (Information and Privacy Commissioner), [2007] O.J. NO. 22142 (Div. Ct.) [respond to judicial review application of decision on freedom of information appeal]

R. v. Eurocopter Canada Ltd. (2007), 287 D.L.R. (4th) 144 (Ont. S.C.J.) [limited inquiry to determine good faith of police claim of confidential informant privilege]

Toronto Star Newspapers Ltd. v. Canada, [2006] O.J. No. 3062 (S.C.J.) [application Canadian and American media companies to quash publication ban at bail hearing of alleged "homegrown terrorists"]

K.B. v. Toronto District School Board (2006), 81 O.R. (3d) 56 (Div. Ct.) [opposing publication ban and sealing order at Divisional Court in proceeding under Education Act]

Forestall v. Toronto Police Services Board, [2007] O.J. No. 256 (Div. Ct.) [opposing publication ban on judicial review in Divisional Court]

R. v. MBB Helicopter Canada Ltd., [2006] O.J. 3230 (S.C.J.) [responding to application for certiorari of discharge at preliminary hearing]

Xian v. Xiao, [2006] O.J. No. 1409 (C.A.) [appeal of permanent injunction order issued pursuant to confidentiality provision of agreement]

OmegaNutrel Inc. v. Food Systems Innovation Inc., [2005] F.C.J. No. 1675 (Federal Court) [opposing application for interlocutory injunction]

R. v. Polewsky, [2005] O.J. 4500 (C.A.) [Provincial Offences Act appeal]

Gauthier v. Toronto Star Newspapers Ltd., [2003] O.J. No. 2622 (Sup. Ct.), affirmed [2004] O.J. No. 2686 (C.A.), application for leave to appeal dismissed with costs [2004] S.C.C.A. No. 411 [group libel]

Yahong Bai et al v. Sing Tao Daily Limited et al., a decision of Backhouse J. of the Superior Court of Justice dated June 7, 2002, affirmed [2003] O.J. No. 1917 (C.A.), application for leave to appeal to Supreme Court of Canada dismissed with costs, [2003] S.C.C.A. No. 354 [group libel, "negligent" publishing]

R. v. Mentuck, [2001] 3 S.C.R. 478 [test for publication ban to protect "proper administration of justice"]

R. v. Toronto Star Newspapers Ltd., a decision of McGarry J. of the Ontario Superior Court of Justice dated September 24, 2004, affirmed [2003] 67 O.R. (3d) 577 (C.A.) [quashing sealing order on information to obtain search warrant]

Silva v. Toronto Star Newspapers Ltd., [1998] O.J. No. 6491 (Gen. Div.), affirmed [2002] D.L.R. (4th) 77 (C.A.) [libel trial and appeal]

Young v. Toronto Star Newspaper Ltd. (2003), 66 O.R. (3d) 170 (Sup. Ct.) [libel trial]

R. v. Eurocopter Canada Ltd. [2003] O.J. No. 4238 (Sup. Ct.) [variation of sealing order on information to obtain search warrant]

Ontario (Attorney General) v. Ontario (Assistant Information and Privacy Commissioner), [2002] O.J. No. 4703 (Div. Ct.) [freedom of information request; judicial review]

Oshawa This Week v. Ontario (Review Board), [2002] O.J. No. 5383 (Sup. Ct) [access to Review Board hearing; application for certiorari]

Toronto Star Newspapers Ltd. v. Toronto (City) Police, [2000] O.J. No. 4684 (Div. Ct.) [Access to charging document from police discipline hearing]

Pizza Pizza Limited v. Toronto Star Newspapers Ltd., (2000) O.R. (3d) 254 (C.A.) [libel pleading]

Tony was an adjunct professor of law at Osgoode Hall Law School in Toronto for seven years where he taught an upper year course in contract remedies. He has also guest-lectured on media law at Ryerson University's School of Journalism and has spoken on the Personal Information Protection and Electronic Documents Act at the Lorman Education Services Seminar on Freedom of Information and Protection of Privacy in Ontario (October 25, 2002). He regularly provides training seminars to media clients on libel and copyright issues, as well as legal issues relating to publishing on the Internet.

Tony has prepared and/or presented several papers at the annual National Media Law Conference including his 2008 paper titled "Named Person v. Vancouver Sun: Confidential Informant Privilege and the Duty to Accommodate Openness". He is a a member of the FOI Audit Group of the Canadian Newspaper Association. In October of 2007, Tony provided a webinar on fighting publication bans to members of the Canadian Newspaper Association.

Before joining Blakes in 1998, Tony graduated as the bronze medallist at Osgoode Hall Law School, with prizes in contract law and civil procedure. After graduating from Osgoode, he clerked at the Ontario Court of Appeal, where he worked for Chief Justice McMurtry.