Ontario Superior Court, Morris v Johnson, 2011 ONSC 3996

Document type
Court Decision
This is another instance where the court applied the Warman factors (see above) to a case concerning online defamation. Here, the plaintiff brought an action against the host of a political blog and its moderators for defamatory comments posted by anonymous commenters. However, the application failed because the plaintiff could not demonstrate that the comments were defamatory and thus, could not establish a prima facie case. Therefore, interests in protecting the freedom of expression and users’ privacy rights outweighed the public benefits that may flow from granting the order.
Topic, claim, or defense
Defamation or Personality Rights
Document type
Court Decision
Issuing entity
Appellate Domestic Court
Type of service provider
Host (Including Social Networks)
Issues addressed
Procedural Protections for Users and Publishers
OSP obligation considered
Data Retention or Disclosure
Type of law
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Court Order