Throughout my legal career, my views on various topics and some of my higher profile cases have been profiled in trade journals and in the popular press. Here is a sampling:
- Lawyer hopes Ontario lawmakers will pay attention to Appeal Court’s message in anti SLAPP case - 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. ...
- ‘Important’ decision balances open court principle with protection of sensitive information: lawyer - 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. ...
- For Google liability, it’s all about the snippet - In Google LLC v. Defteros [2022] HCA 27, Australia’s highest court set aside a ruling that found Google should be considered a publisher if it links to defamatory material after being put on notice of the defamatory nature of the content. The case involved a Melbourne-based criminal lawyer who “acted for persons who became well-known… ...
- Smart contracts: Bringing peace & order to the metaverse’s ‘wild west’ - As the metaverse continues to welcome new retailers and users into its virtual communities – one news report estimates it “could be a US$13 trillion industry by the end of the decade” – the need to have some mechanism in place to resolve disputes is becoming more apparent. ...
- The metaverse: Not just fun and games - The metaverse is here but it is not just fun and games. That is why lawyers need to prepare for the unique legal issues that will arise in this digital landscape. ...
- Howard Winkler and Eryn Pond of Winkler Law successfully negotiate a resolution of Patrick Brown’s litigation against CTV - Leading Canadian media publications wrote about Howard Winkler and Eryn Pond of Winkler Law successfully negotiating a resolution of Patrick Brown’s litigation against CTV. ...
- Environmental groups hit Alberta government, premier with defamation lawsuit - 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 the pace and scope of energy development in the province. ...
- Anti-SLAPP legislation is failing. Here’s a possible fix - 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)… ...
- Australia proves that Google and Facebook can be tamed - 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. ...
- Google, Facebook: Your Day of Reckoning is Coming - 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… ...
- Party leader’s defamation action against pundit unable to clear anti-SLAPP hurdle, judge rules - 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… ...
- $100K judgment in defamation suit called ‘cautionary tale’ for social media - 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,… ...
- Canada should follow Australia’s lead in battle against Google and Facebook - 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? ...
- Court ruling a small step in closing Google’s ’gateway to harm’ - A recent Federal Court decision has brought Google one step closer to being held accountable for the defamatory material it links to on the internet, though there is a simpler way the same result could be achieved, says Toronto defamation lawyer Howard Winkler. ...
- Google must do more to combat defamatory online reviews - Google has facilitated and profited from the proliferation of fake and defamatory online reviews about people and businesses so it is reasonable to expect the search engine giant to make greater efforts to remove those posts, says Toronto defamation lawyer Howard Winkler. ...
- Judge failed to consider ‘chilling effect’ of dismissing defamation case, B.C. Court of Appeal says - 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… ...
- Trump ex-lawyer’s defamation defence may not be so ridiculous - The news media has mischaracterized the legal arguments put forward by a former lawyer for Donald Trump as she attempts to have a billion-dollar defamation lawsuit against her dismissed, says Toronto defamation lawyer Howard Winkler. ...
- Common law tort of Internet harassment should be recognized in Ontario: judge - An Ontario Superior Court judge has concluded that a common law tort of Internet harassment should be recognized in the province as part of a decision which found a woman had engaged in “extraordinary campaigns of malicious harassment and defamation” online which was “carried out unchecked, for many years, as unlawful acts of reprisal.” ...
- Case could set precedent in determining social media giants’ liability for defamation: legal expert - Case could set precedent in determining social media giants’ liability for defamation. Howard Winkler of Winkler Dispute Resolution, who was not involved in the case, called the decision important because the issue of social media platforms’ liability for the content individuals post on their sites is undecided in Canada. ...
- Worldwide social media injunctions may be impossible to enforce - A recent worldwide injunction issued by an Austrian court against Facebook concerning intellectual property rights may prove to be just as unenforceable as a similar Canadian action involving Google, says Toronto lawyer Howard Winkler. ...
- Be careful what you wish for when it comes to defamation claims - The publicity surrounding a defamation lawsuit in British Columbia shows that attempts to silence a critic with legal action can sometimes backfire, says Toronto lawyer Howard Winkler. ...
- Proposals to Amend the Libel and Slander Act - In April 2020, Attorney General Doug Downey asked certain stakeholders to provide feedback about proposals contained in the Law Commission of Ontario (LCO)’s report titled Defamation Law in the Internet Age (Report). ...
- Five key recommendations on proposed defamation law - Toronto lawyer Howard Winkler says he is hopeful his firm’s recommendations on defamation law reform find their way to new legislation. ...
- Defamation law reform: the good, the bad and the missed opportunity - Proposals to update Ontario’s defamation laws to reflect social and technological changes in communications brought about by the internet are mostly sound, says Toronto lawyer Howard Winkler. ...
- Technical deficiencies opened door for Yukon Appeal Court to overturn defamation verdict: lawyer - The Yukon Court of Appeal has sent a defamation case back to trial because of the inadequacy of the judge’s instruction to the jury, with a lawyer characterizing it as a “results-driven” decision as he felt the court did not like the original verdict. ...
- A balancing of interests is currently paramount in anti-SLAPP litigation - A recent Superior Court of Justice ruling rejecting an application to dismiss a defamation lawsuit under anti-SLAPP legislation will likely be back in court on appeal, says Toronto litigator and lawyer Howard Winkler. ...
- Ending online defamation starts with making websites accountable - Ordering anonymous online posters to pay thousands of dollars in damages for defamatory statements they made on an internet chat forum is “a good starting point” but falls short of effectively addressing the issue, says Toronto litigator and lawyer Howard Winkler. ...
- Opportunity to ‘tell story’ in mediation paves the way to settlement - Over more than 30 years of practice, Toronto litigator and mediator Howard Winkler has always taken a problem-solving approach to his clients’ needs. ...
- Howard Winkler’s media roundup - 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. ...
- Howard Winkler Latest Posts in AdvocateDaily.com - Howard Winkler, principal of Winkler Dispute Resolution is a trusted source for AdvocateDaily.com news stories, particularly that are focused on defamation and privacy issues. ...