Archives for: Insurance

To hyperlink or not to hyperlink: SCC addresses defamation in hyperlinks in Crookes v. Newton

In the recent decision, Crookes v. Newton, the Supreme Court of Canada considered whether liability for defamation can ensue from hyperlinking to defamatory material. The court dismissed the appeal and found that Newton had not published defamatory content through hyperlinks. Justice Abella, writing for the majority consisting of six judges, stated the traditional rule used […]

The Importance of Supervision

In Straus Estate v. Decaire, 2011 ONSC 1157 (“Straus”), the Ontario Superior Court of Justice reaffirmed the importance for dealers to ensure that compliance policies and proper supervision of advisors are practiced and enforced. The plaintiffs in this case sought damages for losses arising from an “off-book” investment recommended by their advisor.  The recommended investment […]

The “Sting” and Context of Libel

In a recent defamation decision, Baglow v. Smith, the Ontario Superior Court of Justice emphasized the importance of the context in which alleged defamatory statements are made. The plaintiff, Baglow, and the defendant, Smith, operated internet blog sites which served as venues for political commentary for guest bloggers. They were engaged in a heated debate […]

We are a “victim” of Computer Fraud – Do we have coverage?

Back from the Fidelity conference in NY just in time to answer the question – why are there only nine cases on computer fraud coverage in the US? When the presenter at the Fidelity and Surety conference in New York began her presentation on computer fraud coverage by saying there were only nine cases in […]

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