Throughout my legal career, my views on various topics and some of my higher profile cases have been profiled in trade journals and in the popular press. Here is a sampling:
Australia proves that Google and Facebook can be tamed by Howard Winkler - I'm betting the current Australian legislation will be watered down to create something that is more nuanced and balanced, that recognizes the value of controlling defamatory speech while protecting the right to anonymous expression. Once they achieve that, Canada should get on board with similar legislation. ...
Google, Facebook: Your Day of Reckoning is Coming by Howard Winkler - Not so long ago, the mass communication of information was the domain of "trusted" media who, with the aid of writers, fact checkers, editors and publishers/broadcasters had a monopoly on distribution channels. With the advent of the Internet, and in particular with the creation of platforms like Google, Facebook and Twitter, anyone with a computer… ...
Party leader's defamation action against pundit unable to clear anti-SLAPP hurdle, judge rules by Ian Burns - People's Party of Canada (PPC) leader Maxime Bernier has been dealt a blow in his defamation action against noted political pundit Warren Kinsella after an Ontario Superior Court justice dismissed it under a provincial law aimed at preventing powerful interests from bringing actions which chill speech on issues of public policy. Noted defamation lawyer Howard… ...
$100K judgment in defamation suit called 'cautionary tale' for social media by Patty Winsa - It's a "cautionary tale" about the dangers of social media, said Howard Winkler, who has practiced in the area of media and defamation law for more than 35 years."What you do on the internet can cause quick and serious harm," says Winkler. "And that if you abuse, in a sense, the privilege of social media,… ...
Canada should follow Australia's lead in battle against Google and Facebook by Howard Winkler - The reaction by Facebook to the consequences of a recent Australian court decision making social media platforms responsible for third-party comments shows how online defamatory content can be controlled. So why isn't Canada doing the same thing? ...
Court ruling a small step in closing Google's 'gateway to harm' by Howard Winkler - A recent Federal Court decision has brought Google one step closer to being held accountable for the defamatory material it links to on the internet, though there is a simpler way the same result could be achieved, says Toronto defamation lawyer Howard Winkler. ...
Google must do more to combat defamatory online reviews by Paul Russell - Google has facilitated and profited from the proliferation of fake and defamatory online reviews about people and businesses so it is reasonable to expect the search engine giant to make greater efforts to remove those posts, says Toronto defamation lawyer Howard Winkler. ...
Judge failed to consider 'chilling effect' of dismissing defamation case, B.C. Court of Appeal says by Ian Burns - Howard Winkler of Winkler Dispute Resolution, who was not involved in the case, said anti-SLAPP legislation was originally intended to be a summary screening process "and it has become anything but." "I fear the legislation is losing its effectiveness, and this decision is one example of the kind of rigour the courts seem to be… ...
Trump ex-lawyer's defamation defence may not be so ridiculous by Paul Russell, LegalMatters Staff - The news media has mischaracterized the legal arguments put forward by a former lawyer for Donald Trump as she attempts to have a billion-dollar defamation lawsuit against her dismissed, says Toronto defamation lawyer Howard Winkler. ...
Common law tort of Internet harassment should be recognized in Ontario: judge by Ian Burns - An Ontario Superior Court judge has concluded that a common law tort of Internet harassment should be recognized in the province as part of a decision which found a woman had engaged in "extraordinary campaigns of malicious harassment and defamation" online which was "carried out unchecked, for many years, as unlawful acts of reprisal." ...
Case could set precedent in determining social media giants' liability for defamation: legal expert by Ian Burns - Case could set precedent in determining social media giants' liability for defamation. Howard Winkler of Winkler Dispute Resolution, who was not involved in the case, called the decision important because the issue of social media platforms' liability for the content individuals post on their sites is undecided in Canada. ...
Worldwide social media injunctions may be impossible to enforce by Paul Russell - A recent worldwide injunction issued by an Austrian court against Facebook concerning intellectual property rights may prove to be just as unenforceable as a similar Canadian action involving Google, says Toronto lawyer Howard Winkler. ...
Be careful what you wish for when it comes to defamation claims by Howard Winkler - The publicity surrounding a defamation lawsuit in British Columbia shows that attempts to silence a critic with legal action can sometimes backfire, says Toronto lawyer Howard Winkler. ...
Proposals to Amend the Libel and Slander Act by Howard Winkler - In April 2020, Attorney General Doug Downey asked certain stakeholders to provide feedback about proposals contained in the Law Commission of Ontario (LCO)'s report titled Defamation Law in the Internet Age (Report). ...
Five key recommendations on proposed defamation law by Howard Winkler - Toronto lawyer Howard Winkler says he is hopeful his firm's recommendations on defamation law reform find their way to new legislation. ...
Defamation law reform: the good, the bad and the missed opportunity by Paul Russell - Proposals to update Ontario's defamation laws to reflect social and technological changes in communications brought about by the internet are mostly sound, says Toronto lawyer Howard Winkler. ...
Technical deficiencies opened door for Yukon Appeal Court to overturn defamation verdict: lawyer by Ian Burns - The Yukon Court of Appeal has sent a defamation case back to trial because of the inadequacy of the judge's instruction to the jury, with a lawyer characterizing it as a "results-driven" decision as he felt the court did not like the original verdict. ...
A balancing of interests is currently paramount in anti-SLAPP litigation by Howard Winkler - A recent Superior Court of Justice ruling rejecting an application to dismiss a defamation lawsuit under anti-SLAPP legislation will likely be back in court on appeal, says Toronto litigator and lawyer Howard Winkler. ...
Ending online defamation starts with making websites accountable by Howard Winkler - Ordering anonymous online posters to pay thousands of dollars in damages for defamatory statements they made on an internet chat forum is "a good starting point" but falls short of effectively addressing the issue, says Toronto litigator and lawyer Howard Winkler. ...
Opportunity to 'tell story' in mediation paves the way to settlement by Kate Wallace, AdvocateDaily.com Contributor - Over more than 30 years of practice, Toronto litigator and mediator Howard Winkler has always taken a problem-solving approach to his clients' needs. ...
Howard Winkler's media roundup by AdvocateDaily.com Staff - Toronto lawyer and mediator Howard Winkler is frequently called upon by the media as a trusted source for their news stories, particularly for his focus on defamation and privacy issues. ...
Howard Winkler Latest Posts in AdvocateDaily.com by AdvocateDaily.com Staff - Howard Winkler, principal of Winkler Dispute Resolution is a trusted source for AdvocateDaily.com news stories, particularly that are focused on defamation and privacy issues. ...
Subway's defamation lawsuit aimed at stifling criticism: CBC by AdvocateDaily.com Staff - A lawsuit by the world's largest fast-food operator over a report on the content of its chicken sandwiches is an attempt to stop the CBC from covering matters of public interest, an Ontario court heard on Tuesday ...
Winkler successful in accessing disciplinary hearing record by AdvocateDaily.com Staff - Decisions like a recent case that applied the open-court principle to a doctor's disciplinary proceedings contribute to a better informed Canadian public, says Toronto lawyer and mediator Howard Winkler. ...
Aussie court finds media outlets liable: Winkler by Paul Russell - Australia continues to lead the way in the consideration of online liability, and it remains to be seen whether Canadian courts will follow its lead, says Toronto litigator and mediator Howard Winkler. ...
Pilot's victory classic application of anti-SLAPP law: Winkler by AdvocateDaily.com Staff - The dismissal of an airline's $10-million defamation claim against a former pilot is a textbook case of anti-SLAPP legislation in action, says Toronto litigator and mediator Howard Winkler, who acted for the pilot. ...
Judge tosses airline's $10M libel suit against pilot, saying importance of safety debate outweighed harm by Tom Blackwell, National Post - An Ontario judge has thrown out a major regional airline's $10-million libel action against one of its former pilots, ruling the lawsuit had an unduly chilling effect on discussion of air safety. Alan Eugeni's book about his experiences at Air Georgian — where his starting salary as a pilot was $32,000 — was at times… ...
No harm in free speech by Carrie Swiggum - A $15-million defamation lawsuit by a doctor who examines accident benefits claims on behalf of auto insurers is headed to the Supreme Court of Canada. The top court announced Thursday it will hear an appeal of Platnick v. Bent, released Aug. 30, 2018 by the Court of Appeal for Ontario. ...
Case may clarify how platforms treat defamatory content: Winkler by Paul Russell - An ongoing lawsuit in British Columbia could help define what responsibility online platforms have once they are notified that content on their site is defamatory, Toronto lawyer and mediator Howard Winkler says. The matter involves a businessman who is suing Twitter over its "role in policing defamatory or hateful speech" on the website, reports The… ...
Supreme Court to consider insurer's medical examiner defamation suit against lawyer by Greg Meckbach - A $15-million defamation lawsuit by a doctor who examines accident benefits claims on behalf of auto insurers is headed to the Supreme Court of Canada. The top court announced Thursday it will hear an appeal of Platnick v. Bent, released Aug. 30, 2018 by the Court of Appeal for Ontario. ...