In April 2012, the Superior Court of Québec rendered a
decision (9080-5128 Québec inc. v.
Morin-Ogilvy, 2012 QCCS 1464) that has a direct
impact on the use of social media applications to which both adults
and children are growing more accustomed.
In this case, one of the defendants used Facebook to vent her
frustrations concerning one of the plaintiffs, a former friend.
Following the deterioration of relations between the parties,
including a disagreement over the repair of the defendant's car
at an automobile repair shop owned by the plaintiff, the defendant
published comments on her Facebook Wall and sent messages privately
through Facebook regarding the plaintiff, her daughter and her
conduct surrounding the car repairs.
The Court found that the messages were insulting, injurious and
defamatory, and went well beyond the summary of an unsatisfactory
situation. Despite having many Facebook friends, the Court noted
that the effect of the defendant's comments was limited in
scope since only those who knew the affiliation between the
defendant, the plaintiff and her daughter, who were aware that the
plaintiff owned that auto repair shop and understood French (the
comments were written in French) would understand the meaning of
the comments. Another mitigating factor in awarding damages was
that the comments were only published for two days and subsequently
This decision is a reminder that the prevalence and ease of use
of social media can dangerously facilitate and exacerbate
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Software license agreements generally require the customer to pay fees for the software license and related services, which fees are usually based upon the duration of the license and the manner in which the customer is allowed to use the software, together with applicable taxes and withholdings.
In less than nine months, on July 1, 2017, persons affected by a contravention of Canada's anti-spam legislation will be able to invoke a private right of action to sue for compensation and potentially substantial statutory damages.
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