Warman v Fournier – Defamation Actions and the Balancing Act

Matthew Nied, writing at the Defamation Law Blog, provides a comprehensive analysis of the Ontario Divisional Court’s decision in Warman v Fournier et al, 2010 ONSC 2126 [.pdf] in Warman v. Wilkins-Fournier: Balancing Disclosure, Privacy, and Freedom of Expression Interests in Internet Defamation Cases.  As Nied notes,

Warman represents an important recognition that while internet users’ anonymity ought not to be protected absolutely, the mere commencement of a defamation action should not give rise to an automatic entitlement to information identifying a previously anonymous poster without a consideration of the interests of privacy and freedom of expression.

The factum of the Canadian Civil Liberties Association (intervenors in the case whose arguments were generally successful) is also available online.

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Bob Tarantino

About Bob Tarantino

Bob Tarantino is Counsel at Dentons Canada LLP and focuses his practice on the interface between the entertainment industries and intellectual property law, with an emphasis on film and television production, financing, licensing, distribution, and IP acquisition and protection. His clients range from artists and independent producers to Canadian distributors and foreign studios and financiers at every stage of the creative process, from development to delivery and exploitation.

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