The Power of Opinion: The Fair Comment Defence

Denis Grigoras

Denis is a lawyer who draws on his background in complex legal disputes and transactions to problem-solve for his clients.

The fair comment defence is designed to protect the right to express opinions on matters of public interest, even if those opinions are unpopular, controversial, or critical of others.

Share Post:

Fair Comment

Introduction

Freedom of speech and expression is a fundamental right in most democratic societies, and it plays a crucial role in maintaining a healthy public discourse. However, this freedom is not without limits, as it must be balanced against the need to protect individuals’ reputations from unjustified attacks. In defamation cases, where a statement is alleged to have harmed someone’s reputation, the defence of fair comment can provide a vital safeguard for free speech. This blog post delves into the intricacies of the fair comment defence and explores its significance in defamation law.

The Essence of the Fair Comment Defence

The fair comment defence is designed to protect the right to express opinions on matters of public interest, even if those opinions are unpopular, controversial, or critical of others. At its core, the defence allows a person to express an honest opinion based on accurate facts, without fear of being held liable for defamation. This right to express opinions applies not only to professional critics or commentators but also to ordinary citizens expressing their views on various topics.

To successfully invoke the fair comment defence, a defendant must meet four key requirements:

  1. The comment must be on a matter of public interest.
  2. The comment must be based on accurate facts.
  3. The comment must be “fair” in the legal sense.
  4. The comment must be made without malice.

Matters of Public Interest

The fair comment defence only applies to comments made on matters of public interest. Although the precise definition of “public interest” can be challenging to pin down, it generally refers to topics that are of concern or importance to the general public or a significant portion of it. This may include issues such as politics, government actions, public figures, public institutions, and matters related to the arts or cultural events.

Based on Accurate Facts

For the defence to apply, the opinion expressed must be based on accurate and true facts. If the facts upon which the opinion is based are proven to be false, the defence may not be available. It is essential to note that a comment can still be protected by the fair comment defence if it is based on a mixture of true and false facts, as long as the comment would have still been “fair” if it were based solely on the true facts.

The “Fairness” of the Comment

A critical aspect of the fair comment defence is the requirement that the comment be “fair” in the legal sense. In this context, “fairness” does not mean that the comment is correct or reasonable. Instead, it refers to the notion of objective honesty, meaning that the comment is one that a person could honestly make based on the facts at hand. This standard allows for a wide range of opinions to be protected, including those that are exaggerated, stubborn, or prejudiced, as long as they are genuinely held beliefs.

The concept of objective honesty is a crucial element in the fair comment defence, and it is intended to strike a balance between free expression on matters of public interest and the protection of individuals’ reputations. This balance requires that a defamatory statement be made with integrity and not serve as a cover for baseless attacks or irrelevant allegations.

Made Without Malice

The fair comment defence will fail if the plaintiff can prove that the defendant’s comment was made with malice. Malice in this context goes beyond spite or ill will and includes any indirect motive, ulterior purpose, or dishonesty in the publication of the comment. The plaintiff must show that the malicious purpose was the dominant motive behind the comment; if malice was not the primary driving force, the defence will still be available.

The Role of Fair Comment in Criticism of the Arts

In the context of arts criticism, the fair comment defence plays an essential role in ensuring that critics can express their honest opinions about various works without fear of legal repercussions. The key question in these cases is not whether the criticism is correct or demonstrates a proper understanding of the work, but whether the critic’s opinion is honestly held and based on accurate facts. Even if a critic’s evaluation is deemed to be exaggerated or prejudiced, it can still be considered fair as long as it represents their genuine viewpoint and does not contain malicious or baseless allegations.

The Wide Scope of Fair Comment

Court decisions have demonstrated that the scope of the fair comment defence is relatively broad, allowing for a wide range of opinions to be protected. One notable example is the case of Mainstream Canada v. Staniford, where a defendant compared farmed salmon to cigarettes and claimed that farmed salmon could be harmful. Despite the contentious nature of these statements, the court found that the defendant could make such assertions because he genuinely believed them. Although this decision was reversed on appeal on other grounds, it illustrates the expansive reach of the fair comment defence under current law.

Statutory Extensions and Media Organizations

In certain circumstances, media organizations may find themselves publishing defamatory statements made by third parties, such as in letters to the editor or online comments. Several provinces have enacted statutory provisions that extend the defence of fair comment to these situations. These provisions generally stipulate that the defence is available as long as a person could honestly hold the opinion expressed, even if it is not proven that the author actually held that opinion.

The Overruling of Cherneskey and the Objective Honesty Test

The Supreme Court of Canada’s decision in WIC Radio Ltd. overruled the controversial majority decision in Cherneskey v. Armadale Publishers Ltd., which had held that media organizations could not rely on the fair comment defence if the author of the statement was unavailable to testify as to their honest belief. The WIC Radio decision established that the correct test for fair comment is objective honesty, meaning that the defence can apply if any person could honestly make the comment based on the facts referred to, regardless of the author’s availability.

Conclusion

The fair comment defence is a crucial component of defamation law that seeks to balance the right to free expression with the protection of individual reputations. By ensuring that individuals can express their honest opinions on matters of public interest without fear of legal repercussions, the defence promotes open and robust public discourse. Although the defence has its limits, the wide scope of protection it provides underscores the importance of free speech in a democratic society.

Example: Baglow v. Smith

The case of Baglow v. Smith involved a defamation lawsuit filed by Baglow, an owner and operator of an internet blog where he posted left-leaning opinions and commentary on political and public interest issues. Although he used a pseudonym for his posts, his true identity was not concealed and appeared to be well-known among political bloggers. Baglow was an outspoken critic of Canada’s involvement in the war in Afghanistan and advocated for the repatriation of Omar Khadr from Guantanamo Bay to Canada. The defendants, Fournier, were a married couple who moderated a conservative-leaning online message board. Smith, another defendant, was a conservative commentator who frequently posted on the Fourniers’ message board and other blogs.

In August 2010, Smith posted a comment on the Fourniers’ message board referring to Baglow as a prominent supporter of the Taliban. Baglow objected to the comment, claiming it was defamatory, and asked the Fourniers to remove it, which they declined to do. The defendants argued that the comment was not defamatory, and even if it were, the fair comment defence applied.

The court ultimately dismissed Baglow’s defamation claim. The judge determined that Baglow had not attempted to hide his true identity and confirmed that the disputed comment referred to him. The judge also found that the defendants had indeed published the comment, as the purpose of a message board is to provide content to its readers. Furthermore, the comment was deemed defamatory, as it could potentially damage Baglow’s reputation in the eyes of a reasonable person.

However, the court determined that the comment pertained to a matter of public interest, and the post in its entirety was considered commentary. As a result, the defence of fair comment was upheld, and Baglow was unable to prove that the defendants had acted with malice.

Facing a defamation lawsuit or considering filing one? Ensure you understand the intricate defence of fair comment. Reach out to explore your legal options.

Talk to a Defamation Lawyer

Stay Connected

More Posts

How Appeal Lawyer Toronto Can Help You Win

Grigoras Law offers specialized Business Sale Lawyers to streamline the sale of your business, ensuring legal compliance and maximizing profitability. Our approach focuses on early engagement, due diligence, skilled negotiation, and addressing legal intricacies to protect your interests. With a client-centric philosophy and a comprehensive legal expertise, we provide tailored, cost-effective legal solutions designed for your success. Our commitment is to deliver value and support through every step of your business transaction.

Read More »

3 Benefits of Hiring a Business Sale Lawyer

Grigoras Law offers specialized Business Sale Lawyers to streamline the sale of your business, ensuring legal compliance and maximizing profitability. Our approach focuses on early engagement, due diligence, skilled negotiation, and addressing legal intricacies to protect your interests. With a client-centric philosophy and a comprehensive legal expertise, we provide tailored, cost-effective legal solutions designed for your success. Our commitment is to deliver value and support through every step of your business transaction.

Read More »

Your Path to Legal Victory: Expert Lawsuit Lawyers Toronto, ON

Grigoras Law offers specialized Business Sale Lawyers to streamline the sale of your business, ensuring legal compliance and maximizing profitability. Our approach focuses on early engagement, due diligence, skilled negotiation, and addressing legal intricacies to protect your interests. With a client-centric philosophy and a comprehensive legal expertise, we provide tailored, cost-effective legal solutions designed for your success. Our commitment is to deliver value and support through every step of your business transaction.

Read More »

Why Toronto Shareholder Agreement Lawyers Matter

Grigoras Law offers specialized Business Sale Lawyers to streamline the sale of your business, ensuring legal compliance and maximizing profitability. Our approach focuses on early engagement, due diligence, skilled negotiation, and addressing legal intricacies to protect your interests. With a client-centric philosophy and a comprehensive legal expertise, we provide tailored, cost-effective legal solutions designed for your success. Our commitment is to deliver value and support through every step of your business transaction.

Read More »
Business Sale Lawyer

How Does a Business Sale Lawyer Guide You to Success?

Grigoras Law offers specialized Business Sale Lawyers to streamline the sale of your business, ensuring legal compliance and maximizing profitability. Our approach focuses on early engagement, due diligence, skilled negotiation, and addressing legal intricacies to protect your interests. With a client-centric philosophy and a comprehensive legal expertise, we provide tailored, cost-effective legal solutions designed for your success. Our commitment is to deliver value and support through every step of your business transaction.

Read More »

How a Business Lawyer Toronto Can Help Your Company Thrive

Grigoras Law highlights the importance of a Business Lawyer in Toronto for company growth, emphasizing legal compliance, contract management, business formation, intellectual property protection, and dispute resolution. They offer personalized, cost-effective legal services for small businesses, ensuring comprehensive support for navigating legal complexities and achieving business success.

Read More »

The Role of a Small Business Lawyer Toronto

Grigoras Law champions small businesses with tailored legal services, emphasizing compliance, contract management, business formation, IP protection, and dispute resolution, offering cost-effective solutions and comprehensive support for business growth and success.

Read More »

The Best Appeal Lawyer near me: Your Search ends here!

Grigoras Law offers expert appeal lawyer services, emphasizing a client-centric approach, transparent communication, and comprehensive legal expertise. Specializing in appellate processes and offering multifaceted legal solutions, they ensure personalized and effective representation for challenging court decisions.

Read More »

When is The Best Time To Hire Civil Lawyer Near Me?

Deciding to hire a civil lawyer is crucial when facing legal challenges. Grigoras Law emphasizes the importance of experience, communication, reputation, availability, and strategic planning in choosing a lawyer. They offer expert legal assistance for lawsuits, negotiations, and protecting rights.

Read More »
How to Choose the Right Toronto Civil Lawyer

How to Choose the Right Toronto Civil Lawyer?

Grigoras Law offers guidance in navigating Canadian civil litigation’s complexities, emphasizing the importance of selecting specialized Toronto civil lawyers for successful legal outcomes. It outlines steps for understanding your case, evaluating lawyer expertise and compatibility, and provides tips for choosing the right legal representation, stressing experience, budget, and personal fit.

Read More »

Is Civil Litigation Toronto Right for You?

Civil litigation in Toronto encompasses legal disputes outside criminal charges, including personal injury, property, and intellectual property conflicts, offering pathways to justice through compensation or settlements, guided by experienced litigators.

Read More »

Who Can Benefit from Defamation Lawyer Toronto?

Defamation involves spreading false statements that harm reputations, affecting individuals and businesses. Toronto defamation lawyers offer legal guidance, strategic representation, and reputation management to combat these damaging claims and protect clients’ reputations.

Read More »

Insider Tips to Identify the Right Defamation Lawyer Near Me

An outline covering the importance of hiring a skilled defamation lawyer, focusing on traits like expertise, success records, communication, strategic thinking, and client-centered approaches. Grigoras Law offers guidance in selecting top defamation lawyers in Toronto for effective case resolution.

Read More »

Difference Between Civil & Commercial Litigation GTA

Understanding the differences between civil and commercial litigation in Toronto is crucial for navigating legal disputes effectively. This text highlights the distinctions, procedures, and importance of choosing specialized lawyers for individuals and businesses, emphasizing Grigoras Law’s expertise in achieving favorable outcomes.

Read More »
Google Reviews | Toronto Defamation Lawyers

Can You Sue Google for a Defamatory Google Review?

For now, Thorpe v. Boakye serves as a pivotal case in understanding the evolving legal landscape around digital platform liability. It highlights a significant divergence between Canadian and U.S. legal systems in handling online defamation. Canadian courts appear more open to considering platforms like Google as publishers and thus potentially liable, whereas U.S. law, under the CDA, leans heavily towards protecting these platforms from such liabilities.

Read More »
Ontario Shareholder Remedies | Toronto Commercial Litigation Lawyers

Ontario Shareholder Remedies Explained

In the intricate world of corporate law, shareholders possess a slew of rights. When these rights are jeopardized, or when the corporation’s actions seem unjust or prejudicial, shareholders can turn to specific remedies enshrined in the law.

Read More »
What Business Structure Should I Use in Ontario | Toronto Business Lawyers

What Business Structure Should I Use in Ontario?

Starting a business is a thrilling adventure, akin to setting out on an uncharted path. Every decision made at the outset lays the foundation for future success. One such pivotal decision is selecting the right business structure. This isn’t just a bureaucratic step; it shapes the very essence of your business, influencing liability, tax implications, operational processes, and more.

Read More »
Sublease vs Assignment

Assignment vs. Sublease in Commercial Tenancies

Navigating the complex landscape of commercial tenancies becomes even more intricate when terms like “assignment” and “sublease” emerge. While these terms may sometimes be used interchangeably by those less acquainted with property jargon, they embody distinct concepts with specific legal implications. Grasping the differences between them is vital for both tenants and landlords to facilitate seamless transitions and evade potential pitfalls.

Read More »
Online Trolls

Defamation in the Age of Online Trolls

The freedom of the internet allows for uninhibited self-expression. While many embrace this freedom to share positive stories, ideas, and feedback, others exploit it to spread malicious rumors or make derogatory comments without facing immediate consequences. The cloak of anonymity can embolden such individuals, making the internet a potential hotbed for defamation.

Read More »
Stolen Funds

Sase Aggregate: Court of Appeal’s Take on Stolen Funds

In the constantly evolving realm of legal jurisprudence, the case of Sase Aggregate Ltd. v. Langdon offers intriguing insights into the principles of knowing receipt, knowing assistance, and unjust enrichment. This article dives into why Sase Aggregate Ltd., the appellant, was unsuccessful in both its initial application to the lower court and its subsequent appeal to the Court of Appeal for Ontario.

Read More »
Selling Your Business

Selling Your Business: The Importance of Proper Valuation

For many business owners, the question “How much is my business actually worth?” weighs heavy on their minds. This is particularly true if you’re considering selling your business. The value of your business significantly influences the returns you receive from its sale. This factor not only affects your negotiation strategies but also has potential implications for your future financial well-being. The process of determining this value is known as business valuation, and it’s an intricate, multilayered exercise that requires expert knowledge.

Read More »
Defamation

Defamation Law Explained: How the Parties’ Conduct Impacts Ontario Cases

When the invisible line of respect between individuals in society is crossed through defamatory comments, the law provides a remedy through defamation lawsuits. However, these cases are not black-and-white. Their outcomes can be influenced by the actions and behaviour of involved parties – both before and after the publication of the defamation. In Ontario, this scrutiny of conduct plays a pivotal role in shaping legal outcomes.

Read More »
Defamation Damages

How Defamation Damages Work in Ontario: A Detailed Look

Understanding defamation law, especially when considering the potential damages, is no small feat. The nuances and complexities can be overwhelming, yet having a clear comprehension of what the damages entail is invaluable for plaintiffs and defendants alike. In Ontario, defamation law encompasses three key types of damages: Aggravated, Special, and Punitive Damages.

Read More »
Parliamentary Privilege

Between Privilege and Liability: Ontario’s Lawmakers in the Balance

When we talk about “parliamentary privilege,” we refer to a set of rights and protections that enable lawmakers at the federal and provincial levels in Canada to perform their duties without fear of being legally liable. These privileges safeguard the democratic principles Canada is built upon, ensuring each branch of government respects the others’ roles.

Read More »
False Light Tort

Shedding Light on the False Light Tort

In 2019, Ontario recognized “publicity which places an individual in a false light” – the “false light tort” – as a part of the common law. Despite its relatively straightforward definition, the false light tort remains puzzling due to its ambiguous parameters, unique elements, and potential utility.

Read More »
Canadian Tax on Professional Athletes

Extra Points: The Game of Canadian Taxation for Athletes

How does Canadian tax law impact professional athletes? To understand this, we need to think about multiple scenarios, and consider the athlete’s residency, their affiliations with Canadian or foreign-based teams, and the ever-changing political landscape surrounding the taxation of sports franchises in Canada.

Read More »
Airline Liability

When Bags Fly: Airline Baggage and Cargo Liability

When your cargo or luggage gets damaged or lost during international air transport, you might think that the airline will compensate you for your losses. However, the legal landscape surrounding airline liability for international cargo and baggage is complex. It’s governed by international conventions like the Warsaw Convention and the Montreal Convention, which establish specific rules and liability limits for airlines.

Read More »
The Business Judgment Rule

The Business Judgment Rule: A Director’s Guide to Risky Business

The business judgment rule has its roots firmly planted in the need to facilitate an environment of innovation and growth in business. Recognizing that running a business often involves taking risks, this rule has been developed to shield directors and officers who are willing to take calculated chances to propel a corporation forward.

Read More »
Civil Fraud

Civil Fraud: The Wolf in Sheep’s Clothing

Civil fraud, also known as deceit, is a serious economic tort or civil wrong that involves a deliberate deception through false representation. It requires four elements: a false representation by the defendant, their knowledge (or recklessness) of the falsehood, the plaintiff’s action influenced by this representation, and a loss suffered by the plaintiff as a result.

Read More »
Nevada's Court System

Silver State Justice: A Closer Look at Nevada’s Court System

The judicial system in Nevada plays a critical role in upholding the rule of law and ensuring the fair administration of justice. The courts covered include Municipal Courts, Justice Courts, Small Claims Court, District Courts, Family Courts, and Appellate Courts, comprising the Supreme Court and the Court of Appeals.

Read More »
Insider Trading

Insider Intel: Navigating the Gray Areas of Insider Trading

An “insider” is broadly defined, including the corporation, directors, officers, major shareholders, employees, and professionals like lawyers or accountants. Liability extends to those receiving confidential information from insiders (tippees). Insiders cannot tip others for trading advantages. If an insider tips an unrelated person, they are liable for damages and accountable to the corporation for benefits received.

Read More »
ChatGPT

Will ChatGPT Replace Lawyers?

In recent months, the rise of advanced artificial intelligence and natural language processing technologies, such as Large Language Models (LLMs) like ChatGPT, has sparked a debate about their potential impact on various industries, including the legal profession. The million-dollar question inevitably arises: Will LLMs replace lawyers (and perhaps judges also), or at the very least, lead to a massive paradigm shift in law practice?

Read More »
Apologies and Retractions in Defamation Law

Sorry, Not Sorry: Apologies & Retractions in Defamation Law

In defamation cases, an apology may play a crucial role in the assessment of damages. However, it is important to note that courts lack the jurisdiction to order defendants to apologize. The existence of an apology, the sincerity of the defendant, and the extent of the publicity given to the apology are factors that courts consider when determining damages.

Read More »
Tracing Commingled Funds - The Lowest Intermediate Balance Rule

Tracing Commingled Funds: Unraveling the LIBR Mystery

The Lowest Intermediate Balance Rule (“LIBR“) is an essential concept in the legal world, particularly in cases involving the tracing of funds. It is an evidential rule that assumes that when a person commingles their own funds with funds belonging to someone else, they are assumed to have spent their own funds first.

Read More »
Equitable Fraud

Unconscientious, Unconscionable, Unfair: Equitable Fraud

Traditionally, fraud has been understood as involving deceit or intentional misrepresentation. However, the courts have expanded the concept to encompass equitable or constructive fraud, which includes various forms of unfair dealing and unconscionable conduct in contractual matters.

Read More »
Abuse of Power

Suing a City: Abuse of Power Lawsuits

Yes, believe it or not, you can sue a city. Municipal corporations, which include cities, are no longer immune to liability as they were in the past. They can be held accountable for various wrongdoings, such as tortious acts, breaches of contract, and neglecting statutory duties.

Read More »
Property Damage Claims

Rylands v. Fletcher: Property Damage Claims

Rylands v. Fletcher is a landmark case in English tort law that established the principle of strict liability for certain harmful activities. The rule states that a person who uses their land for non-natural purposes and accumulates a potentially dangerous substance on their property may be held strictly liable if that substance escapes and causes damage to another’s property.

Read More »
Notice Requirements

The Fine Print: Notice Requirements in Ontario Defamation Law

In Ontario, special notice requirements apply to defamation cases involving libel in a newspaper printed and published in the province or a broadcast from a station within Ontario. Plaintiffs must provide written notice to the defendant within six weeks after becoming aware of the alleged libel.

Read More »
Tort of Conversion

The Battle for Chattel: Understanding the Tort of Conversion

The tort of conversion primarily deals with the unlawful interference of another person’s movable personal property, known as chattels. In contrast to trespass to goods, conversion demands more than just a simple invasion of the plaintiff’s possessory rights; it necessitates an interference that denies the plaintiff’s title.

Read More »
The Principal Residence Exemption

The Principal Residence Exemption

The term “principal residence” refers to a taxpayer’s primary dwelling or housing unit for a specific tax year. The taxpayer, their spouse, common-law partner, former spouse, or child must ordinarily inhabit the residence. A personal trust can also claim a principal residence if it is regularly occupied by a specified beneficiary or their immediate family.

Read More »
Intimidation

From Threats to Torts: The Law on Intimidation

The tort of intimidation, a relatively less explored area of common law, has been recognized and established through a series of judicial decisions. The House of Lords in Rookes v. Barnard (“Rookes“) formally acknowledged the existence of this tort, which has since been accepted as part of the common law in Canada.

Read More »
Cosmetics Business

Starting a Cosmetics Business: For Entrepreneurs

The Canadian cosmetics industry generates billions of dollars. In 2021, the cosmetics market in Canada generated approximately USD 1.24 billion in revenue, and industry revenue is expected to grow by 1.45% annually to reach USD 1.8 billion by 2024.

Read More »
Domestic Contracts

Domestic Contracts: Essential Knowledge for Ontario Couples

Ontario’s Family Law Act (“FLA”) contains provisions under Part IV that regulate domestic contracts, including cohabitation agreements, marriage contracts, and separation agreements. These agreements primarily focus on legally enforceable matters, such as property division, spousal support, and children’s education.

Read More »
Spousal Support

Understanding Spousal Support: Key Elements

In family law, spousal support is central to helping spouses who have become financially disadvantaged due to the breakdown of a marriage or common-law relationship. This post examines the legal principles and case law surrounding spousal support, discussing child support priority, general principles, and various factors that influence support amounts and duration.

Read More »
Shareholder Loans

The Tax Maze: How Shareholder Loans Impact Your Taxes

According to Section 15(2) of the Income Tax Act, a shareholder (or a person or partnership connected to the shareholder) may be deemed to have received a taxable benefit equal to the amount of a loan or debt made by a corporation. This taxable benefit is included in the shareholder’s income for the tax year in which the loan or debt arose.

Read More »
Internet Communication

Is Internet Communication a Broadcast in Defamation?

Over time, Canadian provincial legislation regulating defamation has been updated to incorporate modern communication methods. However, since most of this legislation does not explicitly address the Internet, judges are often required to draw parallels between Internet communications and traditional media forms, such as newspapers and broadcasts, that are covered by the legislation.

Read More »
Incorporating in Ontario

The Entrepreneur’s Roadmap to Incorporating in Ontario

Incorporating a company in Ontario has become more streamlined and accessible thanks to the introduction of the Ontario Business Registry on October 19, 2021. This guide will provide a detailed overview of the incorporation process, from preparing and submitting the required documentation to understanding the fees and legal obligations involved.

Read More »
I was sued

I Was Sued, Now What? (A Step-by-Step Guide)

Litigation is a complex process that requires careful attention to detail and a thorough understanding of the rules and procedures that govern the legal system. In this blog post, we explore the various stages of a lawsuit in Ontario, from the initial pleadings to the final trial.

Read More »
Class Action Certification

All for One, and One for All: Class Action Certification in Canada

In the Canadian legal landscape, class actions represent a powerful mechanism for individuals who have suffered similar harm or losses to collectively seek legal redress against a common defendant. These lawsuits serve multiple purposes, such as providing access to justice for people who might not have the means to pursue individual litigation, encouraging behavioural modification in large corporations or organizations, and promoting judicial efficiency by consolidating numerous related cases into a single legal action.

Read More »
Shareholders' Agreement

Drafting an Effective Shareholders’ Agreement

An essential contract for small non-offering corporations, shareholders’ agreements define the rights, privileges, liabilities, and responsibilities of each shareholder. These agreements, also known as “unanimous shareholders’ agreements,” offer a framework to govern various aspects of a corporation’s functioning, such as delineating shareholder roles, placing limitations on certain actions, and regulating share transfers.

Read More »
Business Insurance

Business Insurance for Ontario Business Owners

Running a successful business in Ontario requires dedication, hard work, and a thorough understanding of the various types of insurance available to protect your company’s assets and interests. In this overview, we will explore the ins and outs of the eight different insurance options available to Ontario-based businesses, helping you make informed decisions about the coverage your business needs to thrive.

Read More »
Passing Off

The Blurred Lines of Business: Tackling the Tort of Passing Off

The tort of passing off in Canadian law is founded upon the notion that no individual should be allowed to represent their products or services as those of another. The Supreme Court of Canada has set forth three key elements that a plaintiff must establish to succeed in a passing off action: goodwill, misrepresentation, and damage.

Read More »