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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.

List of proceedings
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

Main parties - Appellants
Name Role Status
Crookes, Wayne Appellant Active
West Coast Title Search Ltd. Appellant Active

v.

Main parties - Respondents
Name Role Status
Newton, Jon Respondent Active

Other parties

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
Robert A. Kasting
Donald J. Jordan, Q.C.
Stewart, Aulinger & Company
1200 - 805 West Broadway
Vancouver, British Columbia
V5Z 1K1
Telephone: (604) 879-0291
FAX: (604) 874-5551
Email: bkasting@smartt.com
Agent
Jeffrey W. Beedell
McMillan LLP
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
Robert A. Kasting
Donald J. Jordan, Q.C.
Stewart, Aulinger & Company
1200 - 805 West Broadway
Vancouver, British Columbia
V5Z 1K1
Telephone: (604) 879-0291
FAX: (604) 874-5551
Email: bkasting@smartt.com
Agent
Jeffrey W. Beedell
McMillan LLP
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
Daniel Burnett
Harvey S. Delaney
Owen Bird Law Corporation
2900 - 595 Burrard Street
Vancouver, British Columbia
V7X 1J5
Telephone: (604) 691-7506
FAX: (604) 632-4433
Email: dburnett@owenbird.com
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
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
Wendy Matheson
Andrew Bernstein
Torys LLP
79 Wellington Street West
Suite 3000
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-8133
FAX: (416) 865-7380
Email: wmatheson@torys.com
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
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
Richard G. Dearden
Wendy J. Wagner
Gowling WLG (Canada) LLP
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
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
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
William C. McDowell
Marguerite F. Ethier
Naomi D. Loewith
Lenczner Slaght Royce Smith Griffin LLP
130 Adelaide Street West
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-2949
FAX: (416) 865-9010
Email: wmcdowell@litigate.com
Agent
Colin S. Baxter
Cavanagh Williams Conway Baxter LLP
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
Roy W. Millen
Paul Schabas
Jon Goheen
Blake, Cassels & Graydon LLP
2600 - 595 Burrard Street
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-4220
FAX: (604) 631-3309
Email: roy.millen@blakes.com
Agent
Nancy K. Brooks
Blake, Cassels & Graydon LLP
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
Robert S. Anderson, Q.C.
Ludmila B. Herbst
Farris, Vaughan, Wills & Murphy LLP
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
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
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
Robert S. Anderson, Q.C.
Ludmila B. Herbst
Farris, Vaughan, Wills & Murphy LLP
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
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
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

October 27, 2008
Supreme Court of British Columbia

S072729, 2008 BCSC 1424

Action dismissed

September 15, 2009
Court of Appeal for British Columbia (Vancouver)

CA036623, 2009 BCCA 392

Appeal dismissed

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted 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 the memorandum by filing 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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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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Date modified: 2025-02-27