Civil Litigation

Worldwide social media injunctions may be impossible to enforce

/ Civil Litigation /
Howard Winkler
Howard Winkler
Principal at Winkler Law
(416) 519-2344
hwinkler@winklerresolution.com
Howard Winkler
Latest posts by Howard Winkler (see all)

By Paul Russell, LegalMattters Staff • A recent worldwide injunction issued by an Austrian court against Facebook concerning intellectual property rights may prove to be just as unenforceable as a similar Canadian action involving Google, says Toronto lawyer Howard Winkler. According to a report on TechCrunch, Austria’s Supreme Court recently ended “a long-running speech takedown […]

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Be careful what you wish for when it comes to defamation claims

/ Civil Litigation /
Howard Winkler
Howard Winkler
Principal at Winkler Law
(416) 519-2344
hwinkler@winklerresolution.com
Howard Winkler
Latest posts by Howard Winkler (see all)

The publicity surrounding a defamation lawsuit in British Columbia shows that attempts to silence a critic with legal action can sometimes backfire, says Toronto lawyer Howard Winkler. “Plaintiffs must think long and hard about the consequences of bringing a defamation lawsuit when the expression is in relation to a matter of public interest,” says Winkler,

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Another cautionary tale for plaintiffs: defamation lawsuits can be costly

/ Civil Litigation /
Howard Winkler
Howard Winkler
Principal at Winkler Law
(416) 519-2344
hwinkler@winklerresolution.com
Howard Winkler
Latest posts by Howard Winkler (see all)

By Paul Russell, LegalMatters Staff • A recent Ontario Superior Court decision involving Ontario’s anti-SLAPP legislation shows why plaintiffs must carefully assess the cause of their damages before launching and pursuing a defamation lawsuit against defendants who write or speak about matters of important public interest, says Toronto lawyer Howard Winkler. “This assessment is critical

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Defamation law reform: the good, the bad and the missed opportunity

/ Civil Litigation /
Howard Winkler
Howard Winkler
Principal at Winkler Law
(416) 519-2344
hwinkler@winklerresolution.com
Howard Winkler
Latest posts by Howard Winkler (see all)

By Paul Russell, LegalMatters Staff • Proposals to update Ontario’s defamation laws to reflect social and technological changes in communications brought about by the internet are mostly sound, says Toronto lawyer Howard Winkler. In March, the Law Commission of Ontario (LCO) released its final report titled Defamation Law in the Internet Age, with its terms

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A balancing of interests is currently paramount in anti-SLAPP litigation

/ Civil Litigation /
Howard Winkler
Howard Winkler
Principal at Winkler Law
(416) 519-2344
hwinkler@winklerresolution.com
Howard Winkler
Latest posts by Howard Winkler (see all)

By LegalMatters Staff • A recent Superior Court of Justice ruling rejecting an application to dismiss a defamation lawsuit under anti-SLAPP legislation will likely be back in court on appeal, says Toronto litigator and lawyer Howard Winkler. Winkler, principal and founder of Winkler Dispute Resolution, says he believes the judge in CUPW v. B’nai Brith

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Rail blockade illustrates the ambiguity of legal rights

/ Civil Litigation /
Leighton Grey
Leighton Grey
Senior Partner at Grey Wowk Spencer LLP
(780) 594-0299
lgrey@gwsllp.ca
Leighton Grey
Latest posts by Leighton Grey (see all)

By LegalMatters Staff • The recent Indigenous-led rail disruption across Canada is a prime example of the need to understand the difference between positive and negative rights, says Alberta Indigenous rights litigator Leighton Grey. Grey, a senior partner with Grey Wowk Spencer LLP, says while the Supreme Court confirmed First Nations’ authority over their land

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Ending online defamation starts with making websites accountable

/ Civil Litigation /
Howard Winkler
Howard Winkler
Principal at Winkler Law
(416) 519-2344
hwinkler@winklerresolution.com
Howard Winkler
Latest posts by Howard Winkler (see all)

By LegalMatters Staff • Ordering anonymous online posters to pay thousands of dollars in damages for defamatory statements they made on an internet chat forum is “a good starting point” but falls short of effectively addressing the issue, says Toronto litigator and lawyer Howard Winkler. In an Ontario Court of Justice judgment released on Jan.

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‘Colonial policing’ in Indigenous communities a complex issue: Grey

/ Civil Litigation /
Leighton Grey
Leighton Grey
Senior Partner at Grey Wowk Spencer LLP
(780) 594-0299
lgrey@gwsllp.ca
Leighton Grey
Latest posts by Leighton Grey (see all)

It will take more than money to solve the problem of “colonial policing” in Indigenous communities, says Alberta Indigenous rights litigator Leighton Grey. A recently released report, conducted by the Council of Canadian Academies (CCA) on behalf of Public Safety Canada, concluded that many Indigenous communities are poorly served by a colonial model of policing that not

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Winkler finds ‘effective, efficient’ solutions to clients’ problems

/ Civil Litigation /
Howard Winkler
Howard Winkler
Principal at Winkler Law
(416) 519-2344
hwinkler@winklerresolution.com
Howard Winkler
Latest posts by Howard Winkler (see all)

Over more than 30 years of practice, Toronto lawyer and mediator Howard Winkler has always taken a problem-solving approach to his clients’ needs. “When they come to me, they’re not really interested in arcane law,” he says. “They’re here because they have a problem and need a solution,” says Winkler, principal and founder of Winkler Dispute Resolution. “I

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Border search of lawyer’s laptop, cellphone a cause for concern, Grey says

/ Civil Litigation /
Leighton Grey
Leighton Grey
Senior Partner at Grey Wowk Spencer LLP
(780) 594-0299
lgrey@gwsllp.ca
Leighton Grey
Latest posts by Leighton Grey (see all)

The Canadian Border Services Agency’s (CBSA) ability to search electronic devices belonging to lawyers returning to Canada raises serious questions around both solicitor-client privilege and other areas of personal information that are open to government intervention, says Alberta civil litigator Leighton Grey. “What’s really concerning is the government of Canada is taking a strange stance and

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