October 27, 2011 by Daniel Burnett
Daniel Burnett is a partner at Owen Bird Law Corporation and appeared before the Supreme Court of Canada on behalf of the Respondent/Defendant, Jon Newton, in this matter.
[IP Osgoode: At our request, Robert Kasting, Barrister & Solicitor, who appeared before the Supreme Court of Canada on behalf of the Appellants/Plaintiffs, Wayne Crookes and West Coast Title Search Ltd., also commented on the court's decision. His comment can be read here. We are grateful to counsel on both sides of the case for participating in the discussion on this important decision and hope this ignites further comments from our readers.]
With the Supreme Court of Canada decision of October 19, 2011 in Crookes v Newton, Internet publishers across Canada can breathe a sigh of relief. The court ruled that mere hyperlinks do not constitute “publication” of the linked site so as to make the hyperlinker liable if the site contains defamatory statements.