Winkler Dispute Resolution

Certified Specialist in Civil Litigation by the Law Society of Upper Canada

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AdvocateDaily.com Staff

‘Unprecedented’ damages sought in historic defamation case: Winkler

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Toronto lawyer and mediator Howard Winkler tells various news outlets that in his view CTV’s reporting on former provincial conservative Leader Patrick Brown represents the “most egregious” defamation in Canadian history. See Global News, Sun Media, Toronto Star, Yahoo News

Brown has launched an $8-million action against CTV, claiming the broadcaster defamed him by airing a news report detailing allegations of sexual misconduct by two women. Brown denied the claims but was forced to resign his leadership of the Ontario Progressive Conservative party.

“Regrettably, it is unlikely that the harm done by CTV will ever be fully repaired,” Winkler told Global News.

Read the full article on AdvocateDaily.com.

Access to information system broken: Winkler

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Canada’s access to information regime is being crippled by underfunded government agencies and ineffective policing, Toronto lawyer and mediator Howard Winkler tells AdvocateDaily.com.

Federal legislation typically gives government bodies 30 days to respond to requests for information, and dissatisfied individuals are able to complain to the Office of the Privacy of Canada.

However, Winkler, principal and founder of Winkler Dispute Resolution, says the oversight body has no power to penalize offenders even when it finds violations of the law, and the Liberal government has fallen short on an election promise to fix the system.

Read the full article on AdvocateDaily.com.

Lawyer for Bloc Quebecois leader serves TV network and panel with legal warning

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QUEBEC — A lawyer for Bloc Quebecois Leader Martine Ouellet has sent a legal warning to a TV network in Quebec and the panelists of a political talk show for recent remarks about her.

Guy Bertrand says Ouellet is taking issue with comments made on “La Joute” on March 8 and he argues they constitute an attack on her reputation…

In an interview with AdvocateDaily.com, Toronto litigator and mediator Howard Winkler says that in order to succeed in an action involving the kinds of comments in question, Ouellet would have to demonstrate either that there was specific malice on the part of the panelists she has threatened to sue or that they fundamentally mischaracterized her position on the issue of a referendum question.

“To attack someone’s ideas or positions, especially in the context of the policies of a provincial political party is not, in my view, an attack on Ms. Ouellets’ reputation,” says Winkler, principal and founder of Winkler Dispute Resolution.

Read the full article on AdvocateDaily.com.

Howard Winkler representing former Ontario PC leader in libel suit

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Toronto litigator and mediator Howard Winkler of Winkler Dispute Resolution is part of a team representing the former Ontario PC leader in a libel claim against CTV, reports Global News.

The libel notice specifically names CTV’s president, anchor and several reporters along with CP24 and other editors, researchers and producers of the initial reporting, the article says.

The notice claims that the allegations made in the CTV report were interpreted to mean that the politician illegally provided alcohol to a person under the age of 19, that he engaged in sexual misconduct, that the allegations against him are true and as a result he is unfit to serve in public office, Global News reports…

Read the full article on AdvocateDaily.com.

CAO tribunal a model for dispute resolution: Winkler

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The new online mediation and tribunal project of the Condominium Authority of Ontario is not only an efficient, low-cost answer to dispute resolution in the condo world — it could also become a model for the resolution of disputes in other areas of law in the future, says Toronto litigator and mediator Howard Winkler.

“If this works it could be revolutionary: it could free up scarce judicial resources and provide for a far less expensive dispute-resolution process,” says Winkler, principal and founder of Winkler Dispute Resolution.

The Condominium Authority Tribunal (CAT), set up three months ago, uses a three-part process to resolve disputes — negotiation, mediation, and a binding ruling as a last resort. The key innovation is that all negotiation and mediation are carried out online, which precludes the need for personal appearances and keeps costs very low — up to $200 if the matter goes all the way to a ruling.

For now, the only issues CAT is eligible to hear are disputes related to condo corporation records, but Winkler tells AdvocateDaily.com that he expects the range of eligible issues to broaden rapidly.

“It’s the province’s first foray into a primarily online tribunal,” he says. “the initial limited jurisdiction provides a good starting point to get their feet wet.” …

Read the full article on AdvocateDaily.com.

Premier’s anti-SLAPP law could kill her defamation suit

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Ontario Premier Kathleen Wynne’s defamation action against opposition leader Patrick Brown may fall foul of her own government’s anti-SLAPP legislation, Toronto litigator and mediator Howard Winkler tells AdvocateDaily.com.

Wynne followed through on a threat to sue Brown following a dispute over comments he made when the premier was scheduled to appear as a witness at a trial of two members of her party in Sudbury, Ont., involving allegations of bribery under the Election Act.

Brown refused to apologize for comments that suggested Wynne herself was on trial, rather than testifying as a witness, and denied his statements were defamatory.

Winkler, a defamation lawyer with over 30 years of experience, and principal of Winkler Dispute Resolution, says he doubts the case will ever get to trial, noting that it reminds him of a suit launched by Wynne against Brown’s predecessor, which eventually settled out of court…

Read the full article on AdvocateDaily.com.

Honesty, careful language key when posting online review

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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.

Winkler, principal and founder of Winkler Dispute Resolution, told listeners that as long as individuals who choose to post a negative review of a person or business are acting in good faith and honestly, the defence known as ‘fair comment’ has always existed in Ontario law and “is something that an individual could rely on if they post a review which is then the subject of litigation.”

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Options available for businesses dealing with defamatory reviews

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By AdvocateDaily.com Staff

False reviews on Google can seriously affect the hard-earned reputations and bottom lines of some businesses — but there are strategies companies can use when faced with this situation, Toronto litigator and mediator Howard Winkler and Eryn Pond write in The Lawyer’s Daily.

As Winkler, principal and founder of Winkler Dispute Resolution, and Pond, a lawyer with the firm, explain, some reviewers use fake names and/or post reviews that are false and defamatory. Sometimes the reviews are posted by competitors or disgruntled employees.

In addition, they say, Google may be unco-operative in removing these reviews, as it takes the position that it merely hosts third-party content and is not its creator or moderator.
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