Conrad Black’s Internet-Related Libel Suits will Proceed in Ontario

On August 13, 2010, the Ontario Court of Appeal ruled that Ontario has jurisdiction and is the convenient forum for Conrad Black’s Internet libel suits, styled as Black v Breeden et al. Between February 2004 and March 2005, Conrad Black filed six libel actions in the Ontario Superior Court, relating to statements posted on the Hollinger International, Inc (Hollinger) web site. The defendants in the actions are directors, advisors and a Vice-President of Hollinger. Black alleges that press releases and reports issued by the defendants contained defamatory statements that were downloaded, read and republished in Ontario by several newspapers and damaged his reputation in Ontario. The defendants are primarily non-residents of Ontario and they moved to stay the actions on the ground that Ontario did not have jurisdiction, or that Ontario was not the convenient forum, the more appropriate forum being either New York or Illinois. The Motion Judge disagreed and dismissed the defendants’ motion. The Ontario Court of Appeal dismissed the appeal, finding that in addition to Conrad Black’s many connections to Ontario, the defendants targeted and directed their online statements to Ontario. The press releases posted on the Internet specifically provide contact information for Canadian media. The contact information for Canadian media clearly anticipated that the statements would be read by a Canadian audience and invited Canadian media to respond. Finally, the Ontario Court of Appeal concluded that it would be unfair to prevent Conrad Black from bringing the libel suits in Ontario because of his strong connections to the province. For the full text of the decision Black v Breeden 2010 ONCA 547, visit: http://www.canlii.org/en/on/onca/doc/2010/2010onca547/2010onca547.html Summary by: Oren Weichenberg