Howard Winkler in the News

Media and defamation lawyer Howard Winkler of Winkler Law said the consensus on anti SLAPP legislation is that it is meant to be a relatively inexpensive and expeditious way of weeding out defamation cases where the harm likely to be done does not outweigh the public interest in its expression. ... Read More

The B.C. Court of Appeal has outlined a process to follow when judges deal with media requests in “rare and exceptional cases” where there is no information publicly available about a court proceeding — and revealing that information to counsel for the media would represent too great a risk to an important public interest.... Read More

September 2, 2022, 2:54 PM EDT) -- Google has prevailed in Australia’s highest court and avoided liability for facilitating the publication of defamatory content created by others, even once given notice of the defamatory nature of the content. For Canadian lawyers and courts, what is particularly interesting is that large portions of this well-reasoned judgment rely on a 2011 decision of the Supreme Court of Canada.... Read More

As the interest in acquiring land and consumer goods within the metaverse continues to increase, defamation lawyer, Howard Winkler, says smart contracts are one way to bring some order to business relationships within the virtual community. Avatars must agree to set terms of use before they are allowed to participate in the ecosystem and make economical transactions.... Read More

Nurse made defamatory statements about health centre, referred to employees as 'horrible nurses,' lawsuit says A Brandon, Man., woman who was a psychiatric nurse is being sued by her former employer over posts on TikTok, Facebook and Instagram calling fellow employees "idiots" and accusing the health authority of killing its patients. Toronto lawyer Howard Winkler, who specializes in defamation law, says the number of lawsuits about social media posts has grown "exponentially." "It's becoming more and more common as people are becoming more comfortable with their use of social media," said Winkler, who is not involved with the Manitoba case.... Read More

Lawyers have seen an interest proliferation in acquiring land and consumer goods within the metaverse, Decentraland, but how to handle legal disputes related to activities in the virtual world is akin to the wild west and remains a mystery, defamation lawyer Howard Winkler says.... Read More

CTV News has expressed “regrets” over a 2018 story about then-Progressive Conservative leader Patrick Brown with “factually incorrect” information that caused “harm” to his provincial political career.... Read More

Notwithstanding the damage done, Brown has finally received closure. If he runs for the federal Conservatives, he can do so on a clean slate... Read More

Key details provided to CTV for the story were factually incorrect and required correction. CTV National News regrets including those details in the story,’ the CTV statement says... Read More

Five environmental groups are suing the Alberta government and Premier Jason Kenney for defamation, saying that they have deliberately misrepresented the findings of an inquiry into foreign influence on campaigns targeting...... Read More

Anti-SLAPP legislation is not achieving its goal of providing an early expeditious means of preventing the misuse of the judiciary by litigants who unduly attempt to silence expression related to matters of public interest. The Supreme Court of Canada (SCC) has said the crux of these motions is the weighing of interests under section 137.1(4)(b) of the Courts of Justice Act.... Read More

I’m betting the current Australian legislation will be watered down to create something that is more nuanced and balanced, that recognizes the value of controlling defamatory speech while protecting the right to anonymous expression. Once they achieve that, Canada should get on board with similar legislation.... Read More

Not so long ago, the mass communication of information was the domain of “trusted” media who, with the aid of writers, fact checkers, editors and publishers/broadcasters had a monopoly on distribution channels. With the advent of the Internet, and in particular with the creation of platforms like Google, Facebook and Twitter, anyone with a computer now has a voice which can be heard worldwide.... Read More

Howard Winkler of Winkler Law, who specializes in media and defamation law, said the case was one of the most difficult he had seen in terms of weighing competing interests under anti-SLAPP legislation. “We are dealing with two interests which are at the high end of deserving protection,” he said. “There are allegations of a serious nature and the harm caused, or likely to have been caused, by the statements is very high, and there is a strong public interest associated with that. But on the other hand, you have got the public interest in the reporting and free expression of allegations of sexual assault and sexual misconduct, and that lies at the high end of the public interest spectrum as well.”... Read More

Not so long ago, the mass communication of information was the domain of “trusted” media who, with the aid of writers, fact checkers, editors and publishers/broadcasters had a monopoly on distribution.... Read More

People’s Party of Canada (PPC) leader Maxime Bernier has been dealt a blow in his defamation action against noted political pundit Warren Kinsella after an Ontario Superior Court justice dismissed it under a provincial law aimed at preventing powerful interests from bringing actions which chill speech on issues of public policy. Noted defamation lawyer Howard Winkler of Winkler Dispute Resolution said he felt Justice MacLeod was correct to dismiss Bernier’s action and the case stands as a message that the anti-SLAPP legislation is going to catch debate and discourse of a political nature in all but the most egregious cases.... Read More

It’s a “cautionary tale” about the dangers of social media, said Howard Winkler, who has practiced in the area of media and defamation law for more than 35 years. “What you do on the internet can cause quick and serious harm,” says Winkler. “And that if you abuse, in a sense, the privilege of social media, that there will be consequences.”... Read More

Toronto Star published the article by Howard Winkler. The reaction by Facebook to the consequences of a recent Australian court decision making social media platforms responsible for third-party comments shows how online defamatory content can be controlled. So why isn’t Canada doing the same thing? ... Read More

Howard Winkler has once again been peer rated a best lawyer in Canada in the area of Defamation and Media Law. He has received this honour in every year since the inception of the Best Lawyers Rankings in 2006.... Read More

Howard Winkler of Winkler Dispute Resolution, who was not involved in the case, said anti-SLAPP legislation was originally intended to be a summary screening process “and it has become anything but.” “I fear the legislation is losing its effectiveness, and this decision is one example of the kind of rigour the courts seem to be requiring of motion judges, which is going to make the cost of bringing these motions prohibitive,” he said.... Read More

However, Howard Winkler, a defamation lawyer in Toronto, said forcing internet users to think before commenting anonymously would not be a bad thing. “Defamatory comments can have a devastating impact on businesses and, by extension, those who are investing in those businesses,” Winkler said. “The day of accountability has arrived, and you’re not going to be able to hide behind a pseudonym. People should comment in their own name or as if their own name can be discovered, and if you aren’t prepared to take ownership of those comments, then you should question whether you should be making them at all.”... Read More

In an email response to questions about these allegations, Gerber's lawyer, Howard Winkler, said that his client "will be relying on the first-hand independent accounts of the Registered Nurses who were in attendance during his treatment of the Complainants." As the matter is now before the CPSO's discipline committee, he said he is unable to comment further.... Read More

Howard Winkler’s comments on the recent Alberta Court of Appeal decision reducing a defamation damage award are reported on in The Lawyer’s Daily on October 14, 2020. The Court of Appeal overturns an award of both aggravated and punitive damages in what appears to be a results based decision according to lawyer Howard Winkler.... Read More

The ability to express oneself helps create a healthy democracy, the Supreme Court of Canada said Thursday in setting out rules for deciding when a lawsuit has merit or is intended simply to quell participation in matters of public interest.... Read More

The Supreme Court of Canada has stressed the individual right to sue to protect their reputation, in its first interpretation of new laws aimed at discouraging lawsuits designed to shut down free speech.... Read More

Canada’s highest court has for the first time zeroed in on Ontario’s anti-SLAPP laws via two rulings, finding in one that a developer’s lawsuit aimed at statements by a residents’ association...... Read More

Howard Winkler and Eryn Pond of Winkler Law contribute to the discussion about modernizing defamation law in Ontario to address and reflect technological advances in written communications.... Read More

Brown’s lawyer, Howard Winkler, responded by bringing a motion to have the case dismissed as a “strategic lawsuit against public participation”(SLAPP) under the Courts of Justice Act. That provision came into force five years ago to balance freedom of expression on matters of public interest with the right of a person to defend his or her reputation.... Read More

An Ontario Superior Court judge has ordered nearly a dozen online posters to pay hundreds of thousands of dollars in damages after it was determined they defamed a former pharmaceutical executive and his spouse, despite the fact that they did so anonymously and remain largely unidentified. Howard Winkler of Winkler Dispute Resolution said the decision will be seen as a vindication of the plaintiffs and their reputation but added the question of how they will be able to enforce the judgment remains to be seen given the anonymity of the posters. Winkler said, given the problem with people not using their real names to post opinions and comment, it is important that the law adapt to provide some form of remedy against defamatory messages.... Read More

Howard Winkler, a Toronto lawyer who specializes in civil suits including libel cases, said the public’s right to know the details in a case like this must be balanced with legal rules. That includes not using documents received through a court order for a “collateral purpose.” “Since the legal process is long and expensive, justice for those defamed can sometimes be difficult or impossible to achieve. Real justice is sometimes achieved only from the timely public exposure of the truth,” he said. “In this case, the public disclosure of the truth is a compelling motivation. However, respect for the rule of law is as or is more important. Society is best served when both the public interest in the truth and the rule of law are respected. One might argue that in this case, achieving the first may have come at the expense of the latter.”... Read More

In Maia Bent, et al. v. Howard Platnick, et al, the Supreme Court heard arguments on Nov. 12, 2019 that deal with a whole host of legal issues around libel. Howard Winkler, who is representing Bent. Winkler was asked by Supreme Court of Canada Justice Russell Brown to explain how Bent’s listserv comments are on a matter of public interest. There is public interest in ensuring the accident benefits dispute system remains fair and unbiased to those injured in motor vehicle accidents, replied Winkler. ... Read More

Brown’s lawyer, Howard Winkler, said Wednesday no date has been set for the motion to be heard and that Fedeli’s legal team has not yet responded to it. “This legislation recognizes the importance of promoting broad participation in discussion on matters of public interest; discourages the use of litigation as a means of unduly limiting expression on matters of public interest; and reduces the risk that participation on matters of public interest will be hampered by fear of legal action,” Winkler told the Star.... Read More

...Howard Winkler, defamation lawyer and founder of Winkler Dispute Resolution, said Kathryn would not have a good case for a defamation case about herself, “unless she were to claim that it is harmful to her reputation to suggest that she is married to someone who is accused of being racist. In my view this would be a weak and technical claim at best.”... Read More

A London city councillor and a former colleague targeted by a pair of attack websites in last fall's civic election are asking a judge to order Blackridge Strategy to turn over client information, a move an expert says is a prelude to a lawsuit.... Read More

For the 14th year in a row, Howard Winkler has been peer rated a Best Lawyer in Canada in the area of Defamation and Media Law.... Read More

Toronto Life’s long-time lawyer, Howard Winkler, on behalf of the magazine, tested the ruling, arguing to get full access to the materials filed in Shuen’s disciplinary hearing. Over the objections of both Shuen’s Bay Street lawyers and the college itself, Toronto Life won access to almost all the documents—the exception being those that would compromise patient privacy.... Read More

Toronto lawyer and mediator Howard Winkler is frequently called upon by the media as a trusted source for their news stories, particularly for his focus on defamation and privacy issues.... Read More

We contacted Mr. Glassman with a series of questions, sharing Mr. Gluskin’s comments, and received a response from Howard W. Winkler of the law firm Winkler Dispute Resolution. “These statements of and concerning Mr. Glassman are on their face, outrageous, false and defamatory. The categorical nature of the statements is clearly indefensible, and they do not call for a response,” he wrote. “Given the nature of the statements, and the fact that you know or ought to know that they are false and defamatory, publication of them would be highly irresponsible and reflect malice on your part and on the part of The Globe and Mail. There is absolutely no public interest in the statements of Mr. Gluskin. At best the statements reflect malicious gossip.”... Read More

An Ontario judge has thrown out a major regional airline’s $10-million libel action against one of its former pilots, ruling the lawsuit had an unduly chilling effect on discussion of air safety. Alan Eugeni’s book about his experiences at Air Georgian — where his starting salary as a pilot was $32,000 — was at times provocative and sensationalist and lacked input from the airline, said Justice Shaun O’Brien.... Read More

Muck Rack online journalists database references the recent Howard Winkler publications in Law Time. Muck Rack enables you to discover the best journalists to pitch on any story based on their profiles in our extensive media database, or through our comprehensive search engine covering the articles they’ve written and the content they share on social media.... Read More

Toronto lawyer and mediator Howard Winkler is frequently called upon by the media as a trusted source for their news stories, particularly for his focus on defamation and privacy issues. See the complete list below: ****** In his recent column for Law Times, Toronto lawyer and mediator Howard Winkler says the end to abusive non­-disparagement clauses in employment law releases is on the horizon thanks in part to Uber’s attempt to enforce the over-reaching arbitration provision in its agreement with its drivers.... Read More

The end to abusive non­disparagement clauses in employment law releases is on the horizon thanks in part to Uber’s attempt to enforce the over-reaching arbitration provision in its agreement with its drivers. Non-disparagement provisions strike at the important constitutional value of freedom of expression, which should not be lightly interfered with, similar to overly broad restrictions on earning a livelihood (non-competition provisions) or overly broad restrictions on access to the courts (arbitration provisions).... Read More

In the wake of the Post’s investigation, Georgian filed a $10-million libel lawsuit against a former pilot for the company who spoke to the Post. That pilot, Alan Eugeni, has now filed a “SLAPP” (strategic litigation against public participation) motion asking a Toronto court to throw out the suit against him. The motion prepared by Toronto lawyer Howard Winkler says the suit — which also cited quotes Eugeni gave to the Post — was designed to “silence, intimidate and punish” the pilot, and will deter other employees from speaking out about safety issues at regional carriers.... Read More

Toronto lawyer and mediator Howard Winkler is frequently called upon by the media as a trusted source for their news stories, particularly for his focus on defamation and privacy issues. Read the complete Howard Winkler’s media roundup in AdvocateDaily.com.... Read More

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

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 11:22 Alex asks Civil / Commercial Litigator and Mediator Howard Winkler whether the Liberals went too far in banning the parody account. Jun 29... Read More

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

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

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 [2018], 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

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 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

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 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

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

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

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

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