Tag: Supreme Court of Canada

Clements v. Clements: Negligence Claims, Causation, and the “Material Contribution to Risk” Test

Post author By Matthew Nied
Post date July 2, 2012
Categories In negligence

In Clements v. Clements, 2012 SCC 32 (“Clements”), the Supreme Court of Canada clarified the circumstances in which a plaintiff in a negligence action may establish causation on the basis that the defendant’s conduct materially contributed to the risk that gave rise to the plaintiff’s injury, rather than the “but for” test. The Court held that the […]

Grant v. Torstar and the defence of responsible communication: implications for bloggers and users of other online media

Post author By Matthew Nied
Post date January 25, 2010
Categories In blogs and bloggers, Canadian law, defamation defences, internet defamation

In the recent decision of Grant v. Torstar Corp., 2009 SCC 61 (“Grant”) and its companion case, Quan v. Cusson, 2009 SCC 62 (“Quan”), the Supreme Court of Canada sought to strike a more appropriate balance between freedom of expression and the protection of reputation by creating the new defence of “responsible communication on matters […]