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New Developments

April 30, 2019   Bibeau c La Presse et al 2019 QCCA
    In this judgment, the Quebec Court of Appeal states that “at most” the absence of charges is just one of many factors that the Court has to consider in applying Dagenais/Mentuck under s. 487.3 of the Criminal Code.

February 22, 2019   Albo v The Winnipeg Free Press et al 2019 MBQB 34
    In this decision the MBQB dismissed the claims of breach of copyright and breach of contract brought by a paid consultant on a story, who sued the Winnipeg Free Press for republishing the story as a book.

February 18, 2019   Guimont et al c Bussieres et al 2019 QCCA 200-09-009573-178
    A unanimous Quebec Court of Appeal judgment has ruled that the Quebec Press Act, written in 1929 and designed to protect the freedom of newspapers, does not apply to articles published on the internet.

February 15, 2019   HMTQ v CBC 2019 ONSC 1079
    In this ONSC decision, the CBC and PostMedia were found not to be in civil contempt, under s. 486.4 of the Criminal Code, of publication bans issued in criminal proceedings.

December 13, 2018   Ayangma v Saltwire 2018 PESC 48
    In this ruling, from the PESC, the defendants were granted summary judgment, on the grounds that the plaintiff's claim was outside the limitation period.

December 4, 2018   Magyar Jeti Zrt v Hungary 2018 ECHR
    In this ruling on a hyperlinks issue, the ECHR relies heavily on the Crookes decision.

November 30, 2018   Pan v Gao 2018 BCSC 2137
    The Court awarded nominal damages of $1 to an otherwise successful plaintiff businessman whose credibility, candour, and document production were found to be inadequate.

November 30, 2018   R v Vice Media Canada Inc 2018 SCC 53
    The SCC unanimously upheld an order for a journalist to give police copies of conversations with a person who said he belonged to a terrorist group.

November 27, 2018   Wilson v Canwest Publishing Inc - Publications Canwest Inc 2018 BCCA 441
    The BCCA overturned the lower court judgment in this defamation case and held that responsible communication prevailed.

November 23, 2018   R v Canadian Broadcasting Corporation 2018 ABCA 391
    The ABCA dismissed the Crown's appeal and upheld the lower court decision, confirming that "publication" only occurs once and that publication bans are not retroactive.


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