Ontario Court Takes Jurisdiction in Internet Defamation Case – Ho Hum?

The Superior Court of Ontario has recently held that an Israeli newspaper should face a defamation action in Ontario on behalf of an Ontario resident, since the newpaper’s website was read in Ontario. Goldhar v Haaretz.com.

The Court made short work of the ‘jurisdiction simpliciter’ argument, based on SCC decisions, and not much longer work, it would appear, of the forum conveniens arguments. It did order that the costs to bring the Israeli witnesses to Canada should be paid by the plaintiff.

Are these cases now routine? Is there any realistic chance for a defendant to avoid a trial in Canada if their foreign-originated web content is seen here? What do publishers’ lawyers advise them – besides not to defame people? The rules for what is acceptable differ, of course. And reputation should have a value…

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