Karen Zimmer

Privacy vs. Free speech on the Internet: An update on the right to be forgotten and what is happening at home

As first published in BarTalk, August edition. On February 24, 2017 Netherland’s highest Court (ECLI:NL:HR:2017:316) found that Peter de Vries – who was brought into the spotlight five years ago when an undercover video of him soliciting a hit …

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The interplay between BC’s statutory tort of privacy and the tort of defamation

Defamation law and breach of privacy law are separate and distinct, but the two torts are occasionally brought before the courts in the same matter. An attack on an individual’s reputation can be done in a manner that also contravenes …

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Facebook’s Terms of Use does not give California Court jurisdiction over the privacy rights of British Columbians

All users of Facebook agree to its Terms of Use as part of the registration process.  When doing so, users agree to submit to California courts when litigating any claim arising, and that the laws of California will govern.  Hence, …

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What they wish they knew before publishing

Never underestimate the risks

I have defended various kinds of professionals who have found themselves on the wrong side of a defamation action.  So often, my clients had a genuine need to voice criticisms of a person or company.  Other …

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Special Costs: When Pursuing Your Defamation Claim May Cost You

A Plaintiff in a defamation action not only had its action dismissed, but its hands slapped by the Court with an order that it pay the Defendants special costs in the case of Taseko Mines Limited v. Western Canada Wilderness

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Making Complaints to Regulatory Bodies within the Protection of Absolute Privilege

When someone makes a complaint about a professional to a professional regulatory body, he or she can do so within the protection of absolute privilege, provided that certain safeguards are taken.  The protection of absolute privilege provides a complete defence …

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Internet Defamation: Notice of Claim Served via Message Board

Earlier this year, the British Columbia Supreme Court allowed a plaintiff, Brian Burke, to serve his defamation claim via the message board on which the defamatory publications were posted. Service was thereafter effective on the defendants in the names of …

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An insurer’s duty to defend in defamation cases

British Columbia Medical Association v. Aviva, 2011 BCSC 1399, decision rendered October 19, 2011 

A plaintiff cannot circumvent a defendant’s insurance coverage for defamation by simply pleading that the publications were made with an intent to injure and with …

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Liability for hyperlinking after the Supreme Court of Canada’s Decision of Crookes v. Newton

The risk of being found liable in defamation for hyperlinking to another person’s defamatory publication lingers even after the Supreme Court of Canada decision of Crookes v. Newton, 2011 SCC 47

Many articles reporting on this recent Supreme Court …

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Only 2 years in British Columbia to commence a defamation action, regardless of when the defamatory publication is discovered.

The limitation period to commence an action for defamation in British Columbia is two years from the time of the publication, regardless of when the plaintiff becomes aware of the libel or slander.

Unlike some other torts, a claimant in …

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