Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
33412
Wayne Crookes, et al. v. Jon Newton
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
Date | Proceeding | Filed By (if applicable) |
---|---|---|
2011-10-24 | Appeal closed | |
2011-10-20 | Formal judgment sent to the registrar of the court of appeal and all parties | |
2011-10-20 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
2011-10-19 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA036623, 2009 BCCA 392, dated September 15, 2009, heard on December 7, 2010, is dismissed with costs. Dismissed, with costs |
|
2010-12-22 | Transcript received, (87 pages) | |
2010-12-07 | Judgment reserved OR rendered with reasons to follow | |
2010-12-07 | Intervener's condensed book, Submitted in Court (14 copies) | NetCoalition |
2010-12-07 | Intervener's condensed book, Submitted in Court (14 copies) | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
2010-12-07 | Intervener's condensed book, Submitted in Court - CD included (14 copies) | British Columbia Civil Liberties Association |
2010-12-07 | Respondent's condensed book, Submitted in Court (14 copies) | Jon Newton |
2010-12-07 | Appellant's condensed book, Submitted in Court (14 copies) | Wayne Crookes |
2010-12-07 | Acknowledgement and consent for video taping of proceedings, From all parties | |
2010-12-07 |
Hearing of the appeal, 2010-12-07, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
2010-12-03 | Correspondence received from, Roy Millen dated December 3, 2010. Re: An authority will be added to the condensed book | British Columbia Civil Liberties Association |
2010-11-29 | Notice of appearance, Daniel Burnett and Harvey Delaney will be present at the hearing. | Jon Newton |
2010-11-24 | Notice of appearance, Roy Millen will be present at the hearing. | British Columbia Civil Liberties Association |
2010-11-23 | Notice of appearance, Richard Dearden and Wendy Wagner will be present at the hearing. | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
2010-11-23 | Notice of appearance, Robert Anderson and Ludmila Herbst will be present at the hearing. | Canadian Newspaper Association, Ad Idem/Canadian Media Lawyers Association, Magazines Canada, Canadian Journalists for Free Expression, |
2010-11-23 |
Order by, Cha, FURTHER TO THE ORDER dated September 20, 2010, granting leave to intervene to the Canadian Civil Liberties Association, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, the British Columbia Civil Liberties Association, the NetCoalition and the group consisting of the Canadian Newspaper Association, AD IDEM/Canadian Media Lawyers Association, Magazines Canada, Canadian Journalists for Free Expression, The Writers’ Union of Canada, Professional Writers Association of Canada, PEN Canada and Canadian Publishers’Council; IT IS HEREBY FURTHER ORDERED THAT the five interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
2010-11-22 | Correspondence received from, J. Beedell by fax, re.: request for 3 reserved seats at the hearing | Wayne Crookes |
2010-11-22 | Notice of appearance, William McDowell, Marguerite Ethier and Naomi Loewith will be present at the hearing. | NetCoalition |
2010-11-22 | Notice of appearance, Donald Jordan and Robert Kasting will be present at the hearing. | Wayne Crookes |
2010-11-22 | Correspondence received from, William C. McDowell dated Nov. 19/10 re: request oral argument of 20 min. at the hearing | NetCoalition |
2010-11-18 | Correspondence received from, Robert S. Andrson, Q.C. dated Nov. 18/10 re: wants to present oral argument at the hearing | Canadian Newspaper Association, Ad Idem/Canadian Media Lawyers Association, Magazines Canada, Canadian Journalists for Free Expression, |
2010-11-16 | Notice of appearance, Wendy Matheson, Andrew Bernstein and Molly Reynolds will be appearing and Wendy Matheson will present the oral argument. | Canadian Civil Liberties Association |
2010-11-15 | Intervener's book of authorities, Completed on: 2010-11-15 | NetCoalition |
2010-11-15 | Intervener's factum, Completed on: 2010-11-15 | NetCoalition |
2010-11-15 | Intervener's book of authorities, Completed on: 2010-11-15 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
2010-11-15 | Intervener's factum, Completed on: 2010-11-15 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
2010-11-15 | Intervener's factum, Completed on: 2010-11-15 | Canadian Newspaper Association, Ad Idem/Canadian Media Lawyers Association, Magazines Canada, Canadian Journalists for Free Expression, |
2010-11-15 | Intervener's book of authorities, Completed on: 2010-11-15 | Canadian Civil Liberties Association |
2010-11-15 | Intervener's factum, Completed on: 2010-11-15 | Canadian Civil Liberties Association |
2010-11-15 | Intervener's book of authorities, (4 volumes), Completed on: 2010-11-15 | British Columbia Civil Liberties Association |
2010-11-15 | Intervener's factum, Completed on: 2010-11-15 | British Columbia Civil Liberties Association |
2010-10-21 | Supplemental document, Record filed pursuant to the order of Sept. 20/10 - CD and form rec'd Nov. 12/10, Completed on: 2010-11-15 | NetCoalition |
2010-10-20 | Supplemental document, Record filed pursuant to the Order of Sept. 20/10 - CD and Form rec'd Nov. 10/10, Completed on: 2010-11-15 | Canadian Newspaper Association, Ad Idem/Canadian Media Lawyers Association, Magazines Canada, Canadian Journalists for Free Expression, |
2010-09-23 | Order on motion to extend time | |
2010-09-23 |
Decision on motion to extend time, to serve and file the respondent'sfactum to Sept. 20/10, book of authorities to Sept. 21/10 and for an order pursuant to Rule 71 (3) permitting oral argument at the hearing of the appeal, Bi Granted |
|
2010-09-23 | Submission of motion to extend time, Bi | |
2010-09-22 | Response to motion to extend time, From Bob Kasting dated September 21, 2010 - Exhibit-A of affidavit (by e-mail), Completed on: 2010-09-22 | Wayne Crookes |
2010-09-22 | Motion to extend time, To serve and file their factum and book of authorities on September 21, 2010, Completed on: 2010-09-22 | Jon Newton |
2010-09-21 | Respondent's book of authorities, Completed on: 2010-09-21 | Jon Newton |
2010-09-20 | Respondent's factum, Original was filed on September 21, 2010, Completed on: 2010-09-20 | Jon Newton |
2010-09-20 | Letter sent to Intervener(s) | |
2010-09-20 | Order on motion for leave to intervene, (BY BINNIE J.) | |
2010-09-20 |
Decision on the motion for leave to intervene, Bi, UPON APPLICATIONS by the Canadian Civil Liberties Association, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, the British Columbia Civil Liberties Association, the NetCoalition, the Canadian Newspaper Association, AD IDEM/Canadian Media Lawyers Association, Magazines Canada, Canadian Journalists for Free Expression, The Writers' Union of Canada, Professional Writers Association of Canada, PEN Canada and Canadian Publishers’Council and Article19 for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Canadian Civil Liberties Association, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, the British Columbia Civil Liberties Association, the NetCoalition and the joint application on behalf of the Canadian Newspaper Association, AD IDEM/Canadian Media Lawyers Association, Magazines Canada, Canadian Journalists for Free Expression, The Writers' Union of Canada, Professional Writers Association of Canada, PEN Canada and Canadian Publishers’Council, are granted and the said five interveners shall each be entitled to serve and file a factum not to exceed 15 pages in length. The motion for an extension of time to apply for leave to intervene and for leave to intervene of the applicant Article 19 is dismissed. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties except that with the consent of the respondent (and the appellants taking no position) the requests by NetCoalition and the joint group of the Canadian Newspaper Association, et al. to file evidence on this appeal as described in their respective motions is granted, provided the material (if any) is filed within 30 days of the date hereof. If issues related to the filing of the material or response by the parties arise I may be spoken to through the Registry. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their intervention. Allowed in part |
|
2010-09-16 | Appeal perfected for hearing | |
2010-09-07 | Submission of motion for leave to intervene, Bi | |
2010-09-03 | Response to the motion for leave to intervene, (Letter Form), from Jeff W. Beedell dated Sept. 3/10 (by Article 19), Completed on: 2010-09-03 | Wayne Crookes |
2010-08-26 | Response to the motion for leave to intervene, email from Gowlings dated Aug. 26/10 (by Article 19), Completed on: 2010-08-26 | Jon Newton |
2010-08-26 | Response to the motion for leave to intervene, to all motions to intervene, Completed on: 2010-08-26 | Jon Newton |
2010-08-26 | Motion for leave to intervene, jointly with the interveners Canadian Newspaper Association et al. (joint with an extension of time), Completed on: 2010-08-26 | Article 19 |
2010-08-25 | Response to the motion for leave to intervene, (Letter Form), to all motions to intervene, Completed on: 2010-08-25 | Wayne Crookes |
2010-08-19 | Motion for leave to intervene, (bookform)-Service to follow, Completed on: 2010-08-20 | Canadian Newspaper Association, Ad Idem/Canadian Media Lawyers Association, Magazines Canada, Canadian Journalists for Free Expression, |
2010-08-19 | Motion for leave to intervene, (bookform), Completed on: 2010-08-19 | British Columbia Civil Liberties Association |
2010-08-18 | Intervener's book of authorities, (on motion), Completed on: 2010-08-18 | NetCoalition |
2010-08-18 | Motion for leave to intervene, (bookform), Completed on: 2010-08-18 | NetCoalition |
2010-08-17 | Motion for leave to intervene, (bookform), Completed on: 2010-08-18 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
2010-08-16 | Motion for leave to intervene, (bookform), Completed on: 2010-08-16 | Canadian Civil Liberties Association |
2010-07-22 | Appellant's book of authorities, Completed on: 2010-07-22 | Wayne Crookes |
2010-07-22 | Appellant's record, Completed on: 2010-07-22 | Wayne Crookes |
2010-07-22 | Appellant's factum, Completed on: 2010-07-22 | Wayne Crookes |
2010-07-05 | Notice of hearing sent to parties | |
2010-07-05 |
Appeal hearing scheduled, 2010-12-07, (start time 9:30 am) Judgment reserved |
|
2010-04-30 | Notice of appeal, Completed on: 2010-04-30 | Wayne Crookes |
2010-04-14 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
2010-04-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
2010-04-06 | Judgment on leave sent to the parties | |
2010-04-01 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA036623, 2009 BCCA 392, dated September 15, 2009, is granted with costs in the cause. Granted, with costs in the cause |
|
2010-01-18 | All materials on application for leave submitted to the Judges, CJ Abe Ro | |
2010-01-06 | Applicant's reply to respondent's argument, Completed on: 2010-01-06 | Wayne Crookes |
2009-12-10 | Respondent's response on the application for leave to appeal, Completed on: 2009-12-10 | Jon Newton |
2009-11-16 | Letter acknowledging receipt of a complete application for leave to appeal | |
2009-11-12 | Application for leave to appeal, Completed on: 2009-11-12 | Wayne Crookes |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
Name | Role | Status |
---|---|---|
Crookes, Wayne | Appellant | Active |
West Coast Title Search Ltd. | Appellant | Active |
v.
Name | Role | Status |
---|---|---|
Newton, Jon | Respondent | Active |
Other parties
Name | Role | Status |
---|---|---|
Canadian Civil Liberties Association | Intervener | Active |
Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic | Intervener | Active |
NetCoalition | Intervener | Active |
British Columbia Civil Liberties Association | Intervener | Active |
Canadian Newspaper Association, Ad Idem/Canadian Media Lawyers Association, Magazines Canada, Canadian Journalists for Free Expression, | Intervener | Active |
The Writers' Union of Canada, Professional Writers Association of Canada, Pen Canada and Canadian Publishers' Council | Intervener | Active |
Counsel
Party: Crookes, Wayne
Counsel
Donald J. Jordan, Q.C.
1200 - 805 West Broadway
Vancouver, British Columbia
V5Z 1K1
Telephone: (604) 879-0291
FAX: (604) 874-5551
Email: bkasting@smartt.com
Agent
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca
Party: West Coast Title Search Ltd.
Counsel
Donald J. Jordan, Q.C.
1200 - 805 West Broadway
Vancouver, British Columbia
V5Z 1K1
Telephone: (604) 879-0291
FAX: (604) 874-5551
Email: bkasting@smartt.com
Agent
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca
Party: Newton, Jon
Counsel
Harvey S. Delaney
2900 - 595 Burrard Street
Vancouver, British Columbia
V7X 1J5
Telephone: (604) 691-7506
FAX: (604) 632-4433
Email: dburnett@owenbird.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Canadian Civil Liberties Association
Counsel
Andrew Bernstein
79 Wellington Street West
Suite 3000
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-8133
FAX: (416) 865-7380
Email: wmatheson@torys.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
Counsel
Wendy J. Wagner
2600 - 160 Elgin Street
P.O. Box 466, Stn D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0135
FAX: (613) 788-3430
Email: Richard.Dearden@gowlingwlg.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: NetCoalition
Counsel
Marguerite F. Ethier
Naomi D. Loewith
130 Adelaide Street West
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-2949
FAX: (416) 865-9010
Email: wmcdowell@litigate.com
Agent
1111 Prince of Wales Drive
Suite 401
Ottawa, Ontario
K2C 3T2
Telephone: (613) 569-8558
FAX: (613) 569-8668
Email: cbaxter@cwcb-law.com
Party: British Columbia Civil Liberties Association
Counsel
Paul Schabas
Jon Goheen
2600 - 595 Burrard Street
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-4220
FAX: (604) 631-3309
Email: roy.millen@blakes.com
Agent
45 O'Connor St.
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: Canadian Newspaper Association, Ad Idem/Canadian Media Lawyers Association, Magazines Canada, Canadian Journalists for Free Expression,
Counsel
Ludmila B. Herbst
2500 - 700 West Georgia Street
Box 10026
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 684-9151
FAX: (604) 661-9349
Email: randerson@farris.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: The Writers' Union of Canada, Professional Writers Association of Canada, Pen Canada and Canadian Publishers' Council
Counsel
Ludmila B. Herbst
2500 - 700 West Georgia Street
Box 10026
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 684-9151
FAX: (604) 661-9349
Email: randerson@farris.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Torts - Intentional torts - Defamation - Internet hyperlinks - Publication - Whether the author of a website article, through deliberate insertion of a hyperlink in the article which links to a defamatory website article, can be presumed to have published the defamatory article - If the author cannot be presumed to have published the hyperlinked article, under what circumstances can it be inferred that the author has published this defamatory article?
The Appellant Wayne Crookes alleges that he has been defamed in various articles which first appeared on the Internet in 2005. The Respondent, Jon Newton, owns and operates the website www.p2pnet.net. On July 18, 2006, he authored an article, headed “Free Speech in Canada”, which hyperlinked one of the articles, as well as the website containing the other impugned articles. Those articles, in turn, were hyperlinked to one another. Mr. Crookes takes the position that, by creating these hyperlinks, or by refusing to remove the hyperlinks when advised of their defamatory character, Mr. Newton became a publisher of the impugned articles found at the hyperlinked websites. Mr. Crookes and his company, the Appellant West Coast Title Search Ltd., brought an action against Mr. Newton for damages for defamation.
Lower court rulings
Supreme Court of British Columbia
S072729, 2008 BCSC 1424
Action dismissed
Court of Appeal for British Columbia (Vancouver)
CA036623, 2009 BCCA 392
Appeal dismissed
Memorandums of argument on application for leave to appeal
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Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
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