“A report that someone is under investigation or that they have been arrested for, or charged with, a criminal offence is not considered the ‘equivalent of saying that the person has committed the crime unless there is something in the language of the report that suggests the plaintiff’s guilt’ … However, reports of arrest or charges will be capable of conveying a defamatory meaning, ‘where it is stated, either directly or by clear implication, that an offence has been committed, and the qualifications contained in any of the surrounding statements are not sufficient to outweigh or nullify the effect of what appears to be a plain statement of fact’”.
(Ontario Court of Appeal in TPG Technology Consulting Ltd. v. Canada (Industry Canada) 2012 ONCA 87 (Ont. C.A.))
____________________
SERVICES AND CONTACT
I am a Toronto competition/antitrust lawyer and advertising/marketing lawyer who helps clients in Toronto, Canada and the US practically navigate Canada’s advertising and marketing laws and offers Canadian advertising/marketing law services in relation to print, online, new media, social media and e-mail marketing.
My Canadian advertising/marketing law services include advice in relation to: anti-spam legislation (CASL); Competition Bureau complaints; the general misleading advertising provisions of the federal Competition Act; Internet, new media and social media advertising and marketing; promotional contests (sweepstakes); and sales and promotions. I also provide advice relating to specific types of advertising issues, including performance claims, testimonials, disclaimers, drip pricing, astroturfing and native advertising.
For more information about my services, see: services
To contact me about a potential legal matter, see: contact
For more regulatory law updates follow me on Twitter: @CanadaAttorney
