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Canadian Internet Defamation Rulings
This case is filed under Limitations Defences
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2013 December 3
Free v McPherson, 2013 ONSC 7416

The Ontario Superior Court of Justice granted the defendant permission to amend its statement of defence to allege the plaintiff had failed to give requisite notice of its intention to sue within the time limits prescribed by the Ontario Libel and Slander Act. The Court stated: “I disagree with plaintiff’s counsel submissions that if it had been known 3 years ago, when the defence was served, that notice would be an issue that he could have taken a different approach to internet republications. As of three years ago, the claim would have been 5 years old and all limitation periods would have expired so it is difficult to visualize what the plaintiff could have done at that stage to correct the lack of notice.”