JURISIDICTION - Determination of - Forum conveniens - Procedure for determining

Law360 Canada ( June 6, 2018, 3:25 PM EDT) -- Appeal by Haaretz.com from a judgment of the Ontario Court of Appeal affirming a decision of the Ontario Superior Court of Justice finding it had jurisdiction to hear Goldhar’s defamation action. In Israel, Haaretz.com published electronically and in print an article about Goldhar, a Canadian businessman. The article was written in English and Hebrew and was available in Israel as well as in Canada, in its electronic form. The motion judge found it likely that 200 to 300 people read the article in Canada; by comparison, approximately 70,000 people read the article in Israel. Goldhar alleged the article was libellous and commenced an action in Ontario, where he was domiciled. Haaretz.com brought a motion to stay the action, arguing that Ontario courts lacked jurisdiction or, alternatively, that Israel was a clearly more appropriate forum. The motion judge dismissed the motion and found he had jurisdiction because Goldhar’s claim would be limited to damages for reputational harm suffered within Canada and he would pay for the expenses of Haaretz.com’s witnesses. The motion judge also concluded Haaretz.com had not rebutted the presumption of jurisdiction, considering that people had read the article in Ontario. The Court of Appeal affirmed the decision....
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