Halsbury's Laws of Canada - Defamation (2013 Reissue)
Publisher: LexisNexis Canada
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With continued advancements in modern technology, the means by which we can choose to disseminate information - from Internet chat rooms to social networking sites to Twitter - are constantly evolving. As a result, there has been a dramatic increase in the number of ways that defamation can occur, making it essential that all lawyers have a basic understanding of this important area of law.
The Halsbury's Defamation (2013 Reissue) title provides a succinct, general overview of the black letter law relating to defamation, libel and slander that is invaluable to practitioners who do not specialize in this area. Written by one of Canada's leading practitioners in the field, this title is national in scope, providing a thorough and authoritative summary of the pertinent legislation and case law regarding the requisite elements of an action for defamation, possible defences, and available remedies. Topics covered in this essential reference include:
- Defamation and freedom of expression
- At common law
- Under the Charter of Rights and Freedoms
- Criminal Libel
- Civil Defamation
- Under International Human Rights Commitments
- Elements of a cause of action
- Defamatory statement
- Reference to the plaintiff
- Determining publication
- Innocent dissemination
- Absolute privilege
- Qualified privilege
- Fair comment
- Comment vs. fact
- Accurate or privileged facts
- Matter of public interest
- Without malice
- General damages
- Aggravated damages
- Punitive damages
- Special damages
- Related Torts
- Malicious falsehood
- Intentional interference with economic relations
- Abuse of process
- Invasion of privacy and breach of confidence
And much more.
- Enhanced contents:
- A general table of contents to the level of chapter headings
- A detailed table of contents to the level of clause headings
- Detailed sectional contents set out within the commentary for each chapter and section
- References and abbreviations -An alphabetical listing of special references and abbreviations used in the volume, with an explanation of their meaning
- Selected secondary sources -Setting out selected texts, articles, and other secondary sources pertaining to the subject that the reader may find to be relevant and helpful
- Glossary of definitions -Identifying words and phrases defined in personal property security legislation, and providing the text of the definition in each jurisdiction for easy reference. A valuable quick reference in a field marked by a wide variety of statutes promulgated across many jurisdictions
Table of Contents
I. Defamation in Canadian Law
- Table of cases
- Table of statutes and statutory instruments
- List of related titles
1. The Purpose of the Law of Defamation
2. Means of Enforcement
3. Defamation and Freedom of ExpressionII. Elements of the Civil Cause of Action
1. The Defamatory Statement
2. Reference to the Plaintiff
3. PublicationIII. Defences to the Civil Cause of Action
2. Absolute Privilege
3. Qualified Privilege
4. Fair Comment
6. Notice Requirements and Limitation PeriodsIV. Remedies
1. General Damages
2. Aggravated, Punitive and Special Damages
3. InjunctionsV. Slander and Related Torts
2. Malicious Falsehood
4. Intentional Interference With Economic Relations
5. Abuse of Process
6. Invasion of Privacy and ‘Breach of Confidence'
Peter A. Downard
Peter A. Downard, LL.B.,
is a litigation partner at the Toronto office of Fasken Martineau. He has extensive experience as defamation counsel in litigation at trial, in the Court of Appeal for Ontario, and in the Supreme Court of Canada, as well as in numerous mediations and advisory matters. He is sole author of Halsbury's Laws of Canada – Defamation (2009)
and the first edition of this text (2003) and the second edition of this text (2010). He represents both plaintiffs and defendants, and has appeared as counsel for prominent political and business figures, businesses and media concerns in numerous libel cases arising from newspaper, broadcast media, Internet, and commercial contexts. He also has extensive experience in a broad range of public interest matters, including public inquiries, and in commercial litigation. He regularly speaks on legal matters and is often interviewed on legal topics by various media.
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