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Top Five 2012: Baglow v Smith

Each year at OJEN’s Toronto Summer Law Institute, a judge from the Court of Appeal for Ontario identifies five cases that are of significance in the educational setting. This summary, based on these comments and observations, is appropriate for discussion and debate in the classroom setting.

Baglow v Smith, 2012 ONCA 407

In this civil decision, The Court of Appeal for Ontario (ONCA) determined that issues of online defamation are not suitable for summary judgment. As social media is an emerging area of law, a defamation claim in the context of political blogging – and other novel issues in law – should proceed to a full trial so that a determination can be based on a full body of evidence. The full decision is available here.


Date Produced: 2012

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