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Digest of the Week - “Online comments = defamation”

Busseri v. John Doe
2012 CarswellOnt 11848
Ontario Superior Court of Justice

Judgment: September 25, 2012

Remedies | Injunctions | Availability of injunctions | Prohibitive injunctions | Interim and interlocutory injunctions | Threshold test | Irreparable harm

Plaintiff was CEO of company — Plaintiff alleged that defendant made defamatory comments about him on internet message board — Plaintiff commenced action for damages for defamation — Plaintiff brought motion for injunction enjoining defendant from making further defamatory posts — Motion granted — Defendant did not appear on motion — Defendant's posts to message board met test of irreparable harm — Defendant's posts were clearly defamatory and designed to injure plaintiff's reputation — Posts generated discussion and concern among company shareholders, analysts, and financial industry in general.
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