2008 December 8

Mcleod (c.o.b. Maslak Mcleod Gallery) v Sinclair, [2008] O.J. No. 5242

The Ontario Superior Court of Justice adjourned the plaintiffs’ application for an interlocutory injunction to “close down” a website created and operated by the defendant which allegedly defamed the plaintiffs and threatened to endanger or damage their businesses. The purpose of the adjournment was to permit the defence to prepare responding material and to allow any necessary cross-examinations in preparation for a full hearing of the injunction motion. The court ordered that the website could remain up pending that hearing, but only on the following terms: “Each and every page which suggests [the alleged defamatory meanings] … shall have placed on it a label 4 inches by 3 inches in dimension. The label will have a white background, be easily-read with clear wording using a Times New Roman font stating: The opinions expressed on this website and on this page are those of [the defendant] and of no other person. These opinions are alleged to be defamatory and are the subject of an action in the Superior Court of Ontario.”