Certified Specialist in Civil Litigation by the Law Society of Upper Canada
Howard Winkler in the News
B.C. Appeal Court ruling on responsible communication tips balance in favour of free expression: lawyer
The Lawyer’s Daily - December 5, 2018
A former member of Parliament has lost his defamation case against a major provincial newspaper after the B.C. Court of Appeal ruled a lower court judge was wrong in not considering...... Read More
Howard Winkler- Trudeau’s gift to Google
Law Times - October 29, 2018
With little fanfare or consultation, the Trudeau government with its commitment to the USMCA proposes to significantly alter the existing common law in Canada related to the law of defamation. The winners are Google, Facebook and other services that facilitate the communication of online information. The loser is the common law protection of reputation and victims of anonymous false and defamatory online statements, such as untraceable comments on rate-my-professional types of sites or Google business reviews.... Read More
Government Asks Twitter to Ban Catherine McKenna Parody Account: Mediator Howard Winkler comments with Alex Pierson on 640 Toronto
ON Point with Alex Pierson - June 30, 2018
Government Asks Twitter to Ban Catherine McKenna Parody Account
Alex asks Civil / Commercial Litigator and Mediator Howard Winkler whether the Liberals went too far in banning the parody account.
Jun 29... Read More
Howard Winkler - Google Sued For Defamation
Newstalk 610 CKTB - June 18, 2018
An Australian man who alleges Google defamed him on Wednesday won a court battle to sue the search engine giant. Milorad "Michael" Trkulja was shot in the back in 2004 in a restaurant in Melbourne, Australia's second largest city.... Read More
Experts say outcome in ‘Scud Stud’ defamation case cautionary tale for media, lawyers
The Lawyer's Daily - May 31, 2018
The Alberta Court of Appeal has upped the costs awarded to a former war correspondent in his successful defamation case against a major national media chain, saying the trial judge erred when she said allegations of intentional concealment of documents were unproven.
But Howard Winkler of Winkler Dispute Resolution said he thought Kent would be disappointed with the ultimate result of the litigation. He said, on the one hand, Kent did achieve vindication, which is one of the main goals of any defamatory action, but it came at great expense given the cost to him of bringing the action forward.
“And he recovered $200,000 in damages, which in my view seems low in light of what the Court of Appeal described as a devastating attack on him,” he said. “There were certain findings that the Court of Appeal describes as serious misconduct by the defendants, which the court found were substantiated by the evidence, and in my view the general damage award is very low.”
... Read More
Former Ontario PC leader Patrick Brown compares himself to Julius Caesar in new book
The Globe and Mail - May 17, 2018
I was 170 days away from being the Premier of Ontario, or so I believed,” Mr. Brown writes in an excerpt from the beginning of the book, which is being released by Optimum Publishing International.
“Instead, on January 24th , I experienced a sensational political assassination the likes of which haven’t been seen since Julius Caesar.”
Mr. Brown’s lawyer, Howard Winkler, said he was aware of his client’s desire to write a book “as a means of exposing the truth and contributing to the process of vindicating his reputation.”... Read More
Patrick Brown files $8M defamation lawsuit against CTV
Toronto Sun - April 23, 2018
TORONTO — Former Ontario PC leader Patrick Brown has launched an $8 million libel lawsuit against CTV News over allegations the broadcaster wrongly accused him of sexual misconduct.
The statement of claim seeks $4 million in general damages for defamation, $4 million in punitive damages, and special damages to be determined at trial.
“We consider the defamation of Patrick Brown by CTV to be the most egregious in Canadian history,” Brown lawyer Howard Winkler said in an email. “The damages sought in the statement of claim reflect this fact and will allow the court to impose what we believe should be an unprecedented amount to reflect the serious nature of the harm done to Mr. Brown and to punish CTV for its conduct.”... Read More
Former Ontario PC leader Patrick Brown sues CTV after sexual misconduct allegations
Global News - April 23, 2018
Former Ontario PC party leader Patrick Brown is suing CTV for defamation, months after the network reported two women were accusing him of sexual misconduct.
Brown has filed a statement of claim that seeks damages of $8 million and an order that CTV remove all material in its possession that alleges Brown “illegally provided underage high school girl with alcohol.”
The statement of claim, which was issued Monday in the Superior Court of Justice in Barrie, contains allegations that have yet to be proven in court.
“We consider the defamation of Patrick Brown by CTV to be the most egregious in Canadian history,” Brown’s lawyer, Howard Winkler told Global News. “It is unlikely that the harm done by CTV will ever be fully repaired.”... Read More
Patrick Brown serves CTV with notice of libel after sexual misconduct allegations
Global News - February 24, 2018
Ontario PC leadership candidate Patrick Brown served a notice of libel against CTV Friday night almost one month after the network reported two women were accusing Brown of sexual misconduct.
Brown’s lawyers confirmed to Global News that a notice of libel was delivered to CTV and the other defendants listed on the notice by email on Friday. Representing Brown are independent, Toronto-based litigator Julian Porter and Howard Winkler and Eryn Pond of the Toronto law firm Winkler Dispute Resolution.... Read More
Former Ontario PC leader Patrick Brown sends notice of libel to CTV News
CBC News - February 24, 2018
Former Ontario PC leader Patrick Brown sent a notice of libel to Bell Media, the parent company of CTV News, late Friday night, CBC News has learned.
Brown resigned his leadership post abruptly on Jan. 24 hours after a CTV News report emerged in which he was accused of sexual misconduct by two women dating back to when he was a federal MP in the Barrie, Ont., area.
Howard Winkler, among the team representing Brown, confirmed that CTV had received notice.... Read More
Opportunity to ‘tell story’ in mediation paves the way to settlement
AdvocateDaily.com - November 17, 2017
Over more than 30 years of practice, Toronto litigator 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 tells AdvocateDaily.com.
“They’re here because they have a problem and need a solution,” says Winkler, principal and founder of Winkler Dispute Resolution. “I always approach it from the perspective of what the client’s interest is in relation to the story they’re telling me. And then deciding the most effective and efficient way to help.”... Read More
False And Defamatory Google Business Reviews? Maybe It’s Time To Take Action
The Lawyer's Daily - October 19, 2017
Google is the most-used search engine in the world. As part of its searching services, it provides details about businesses searched, and it gives users a means to read and post business reviews.
Notwithstanding Google’s content policies, some reviewers use fake names and/or post reviews that are false and defamatory. Sometimes theses reviews are posted by competitors or disgruntled employees. For some businesses, these false reviews can seriously affect their hard-earned reputations and bottom line.
Taking the position that it merely hosts third-party content and is...
... Read More
Sued for your online reviews - legal expert
Newstalk 610 CKTV - October 17, 2017
While the law does protect the right of Ontario consumers to post negative reviews written in “good faith,” commenters do still run the risk of being tied up in expensive litigation, Toronto litigator and mediator Howard Winkler told The Larry Fedoruk Show on Newstalk 610 CKTV.... Read More
Winkler successful in landmark media libel case
AdvocateDaily.com. - September 20, 2017
A recent Ontario Superior Court ruling of criminal contempt resulted in a newspaper publisher being sentenced to 21 days in jail and levied with one of the highest damages awards... Read More