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.
37202
Haaretz.com, et al. v. Mitchell Goldhar
(Ontario) (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) |
|---|---|---|
| 2019-01-09 | Appeal closed | |
| 2019-01-08 | Correspondence received from, (Letter Form), Costs have been settled between the parties and withdraw of notice of taxation and bill of costs. | Haaretz.com |
| 2018-11-09 | Bill of costs, (Letter Form), Completed on: 2018-11-09 | Haaretz.com |
| 2018-06-07 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2018-06-07 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2018-06-06 |
Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the judgment of the Court of Appeal for Ontario, Number C60259, 2016 ONCA 515, dated June 28, 2016, heard on November 29, 2017, is allowed with costs throughout. The appellants’ motion to stay the action is allowed. McLachlin C.J. and Moldaver and Gascon JJ. dissent. Allowed, with costs |
|
| 2017-12-05 | Transcript received, 106 pages | |
| 2017-11-29 | Judgment reserved OR rendered with reasons to follow | |
| 2017-11-29 |
Hearing of the appeal, 2017-11-29, CJ Abe Mo Ka Wa Ga Côt Br Row Judgment reserved |
|
| 2017-11-29 | Intervener's condensed book, (Book Form), 14 copies submitted in Court | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2017-11-29 | Respondent's condensed book, (Book Form), 14 copies submitted in Court | Mitchell Goldhar |
| 2017-11-29 | Appellant's condensed book, (Book Form), 14 copies submitted in Court | Haaretz.com |
| 2017-11-14 | Notice of appearance, Jeremy de Beer, Marina Pavlovic and David Fewer will be present | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2017-09-14 | Intervener's book of authorities, (Book Form), Completed on: 2017-09-14 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2017-09-14 | Intervener's factum, (Book Form), Completed on: 2017-09-14 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2017-09-12 | Notice of hearing sent to parties, (REVISED) | |
| 2017-09-11 | Supplemental document, (Book Form), (3 volumes), Supplementary record - filed on consent., Completed on: 2017-09-11 | Haaretz.com |
| 2017-09-11 |
Appeal hearing scheduled, 2017-11-29, (previously scheduled for November 10, 2017) Judgment reserved |
|
| 2017-08-29 | Correspondence received from, (Letter Form), Paul Schabas (by email). RE: Hearing of the appeal. | Haaretz.com |
| 2017-08-18 | Notice of hearing sent to parties | |
| 2017-08-17 | Appeal perfected for hearing | |
| 2017-08-16 | Order on motion to extend time, by Justice Côté | |
| 2017-08-16 |
Decision on motion to extend time, Côt, UPON APPLICATION by the respondent for an order extending the time to serve and file his factum, record and book of authorities to July 31, 2017, and for permission to present oral argument at the hearing of the appeal pursuant to Rule 71(3) of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; AND NOTING THAT there is no prejudice to the other parties and that the appellants consent to the motion; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2017-08-16 | Submission of motion to extend time, Côt | |
| 2017-08-03 |
Decision on motion to extend time Granted |
|
| 2017-08-03 | Submission of motion to extend time | |
| 2017-08-03 | Motion to extend time, (Book Form), To file and serve the the appeal documents - With consent (Revised copy rec'd on 2017-08-10), Completed on: 2017-08-11 | Mitchell Goldhar |
| 2017-08-03 | Order on motion for leave to intervene, (BY MR. JUSTICE WAGNER) | |
| 2017-08-03 |
Decision on the motion for leave to intervene, Wa, UPON APPLICATION by the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic for an extension of time to serve and file a motion for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time to serve and file a motion for leave to intervene is granted. The motion for leave to intervene is granted and the said intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length in this appeal on or before September 14, 2017. The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The appellants’ request to serve and file a factum in reply to the intervener’s factum is denied. The intervener is not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellants and the respondent any additional disbursements occasioned to the appellants and the respondent resulting from its intervention. Granted |
|
| 2017-08-03 | Submission of motion for leave to intervene, Wa | |
| 2017-07-31 | Certificate of counsel (attesting to record) | Mitchell Goldhar |
| 2017-07-31 | Certificate (on limitations to public access) | Mitchell Goldhar |
| 2017-07-31 | Respondent's book of authorities, (Book Form), 2 copies, Completed on: 2017-07-31 | Mitchell Goldhar |
| 2017-07-31 | Respondent's record, (Book Form), 2 copies, Completed on: 2017-07-31 | Mitchell Goldhar |
| 2017-07-31 | Respondent's factum, (Book Form), Motion for extension of time rec'd on 2017-08-03, Completed on: 2017-08-03 | Mitchell Goldhar |
| 2017-07-21 | Response to motion to extend time, (Included in the response to the motion for leave to intervene), Completed on: 2017-07-21 | Haaretz.com |
| 2017-07-21 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-07-21 | Haaretz.com |
| 2017-07-20 | Response to motion to extend time, (Included in the response to the motion for leave to intervene), Completed on: 2017-07-20 | Mitchell Goldhar |
| 2017-07-20 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-07-20 | Mitchell Goldhar |
| 2017-07-14 | Motion to extend time, (Book Form), to file and serve a motion for leave to intervene. Payment missing (received 2017-09-11)., Completed on: 2017-08-17, (Printed version filed on 2017-07-17) | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2017-07-10 | Notice of name, (Letter Form) | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2017-07-10 | Motion for leave to intervene, (Book Form), Late, motion for extension of time required (received 2017-07-14)., Completed on: 2017-07-14, (Electronic version filed on 2017-07-10) | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2017-05-30 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2017-05-30) | Haaretz.com |
| 2017-05-30 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2017-05-30) | Haaretz.com |
| 2017-05-30 | Appellant's book of authorities, (Book Form), Completed on: 2017-05-30, (Electronic version filed on 2017-05-30) | Haaretz.com |
| 2017-05-30 | Appellant's record, (Book Form), (2 volumes), Completed on: 2017-05-30, (Electronic version filed on 2017-05-30) | Haaretz.com |
| 2017-05-30 | Appellant's factum, (Book Form), Completed on: 2017-05-30, (Electronic version filed on 2017-05-30) | Haaretz.com |
| 2017-04-04 | Notice of name, (Letter Form), (Electronic version filed on 2017-04-04) | Haaretz.com |
| 2017-04-04 | Notice of appeal, (Letter Form), Completed on: 2017-04-04, (Electronic version filed on 2017-04-04) | Haaretz.com |
| 2017-03-13 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2017-03-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-03-10 | Judgment on leave sent to the parties | |
| 2017-03-09 |
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 Ontario, Number C60259, 2016 ONCA 515, dated June 28, 2016, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2017-02-13 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2016-11-07 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-11-07 | Haaretz.com |
| 2016-10-27 | Certificate (on limitations to public access) | Mitchell Goldhar |
| 2016-10-27 | Book of authorities, (Book Form) | Mitchell Goldhar |
| 2016-10-27 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-10-27 | Mitchell Goldhar |
| 2016-10-12 | Correspondence received from, Return of the C/A order form | Haaretz.com |
| 2016-09-27 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File opened on 2016-09-27 | |
| 2016-09-26 | Certificate (on limitations to public access) | Haaretz.com |
| 2016-09-26 | Notice of name | Haaretz.com |
| 2016-09-26 | Book of authorities, (2 volumes) | Haaretz.com |
| 2016-09-26 | Application for leave to appeal, C/A order rec'd on 2016-10-14 - Style of cause changed on 2016-09-27, Completed on: 2016-10-14 | Haaretz.com |
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 |
|---|---|---|
| Haaretz.com | Appellant | Active |
| Haaretz Daily Newspaper Ltd., Haaretz Group, Haaretz.Co.II,Shlomi Barzel and David Marouani | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Goldhar, Mitchell | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic | Intervener | Active |
Counsel
Party: Haaretz.com
Counsel
Kaley Pulfer
Brittiny Rabinovitch
4000 - 199 Bay Street
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-4274
FAX: (416) 863-2653
Email: paul.schabas@blakes.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Haaretz Daily Newspaper Ltd., Haaretz Group, Haaretz.Co.II,Shlomi Barzel and David Marouani
Counsel
Kaley Pulfer
4000 - 199 Bay Street
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-4274
FAX: (416) 863-2653
Email: paul.schabas@blakes.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Goldhar, Mitchell
Counsel
Brian Kolenda
Julian Porter, Q.C.
130 Adelaide Street West
Suite 2600
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-2949
FAX: (416) 865-2850
Email: wmcdowell@litigate.com
Agent
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 780-2012
FAX: (613) 688-0271
Email: cbaxter@conwaylitigation.ca
Party: Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
Counsel
Marina Pavlovic
Jeremy de Beer
Common Law Section
57 Louis Pasteur St.
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 2558
FAX: (613) 562-5417
Email: david.fewer@uottawa.ca
Agent
University of Ottawa, Faculty of Law, Common Law Section
57 Louis Pasteur Street
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 2914
FAX: (613) 562-5417
Email: tisrael@cippic.ca
Summary
Keywords
Private international law - Choice of forum - Forum non conveniens - Applicable law - Libel action commenced in Ontario over an article published by an Israeli newspaper in print and on its websites - Motion to stay an action on the basis that Ontario courts lack jurisdiction simpliciter or, alternatively, that Israel is a clearly more appropriate forum - What are the limits, if any, to a court assuming jurisdiction over an alleged libel on the internet simply because it is downloaded by somebody in Canada? - Further, under what circumstances, if any, can the presumption of jurisdiction be rebutted in cases of internet libel? - How should the principle of forum non conveniens apply to internet libel, in order to “temper the consequences of a strict application of the rules governing the assumption of jurisdiction” and have proper regard for the impact of these rules on freedom of expression? - Should the place of “most substantial harm” rather than lex loci delicti apply to determine the applicable law in defamation actions?
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.
The appellant Haaretz is Israel’s oldest daily newspaper. It also has the smallest circulation of the daily Hebrew-language newspapers in Israel, with a market share of about seven per cent. The individual appellants are, respectively, the newspaper’s former sports editor and the author of the article alleged to be defamatory.
Haaretz published an article criticizing the management style and business practices of the respondent Mitchell Goldhar. Goldhar is a Canadian businessman who owns Maccabi Tel Aviv Football Club, a soccer team based in Tel Aviv. The article was available in print and on the newspaper’s Hebrew and English-language websites. Goldhar commenced a defamation action in Ontario against the newspaper, its former sports editor and the author of the article alleged to be defamatory. Haaretz moved to stay the action, arguing that Ontario courts lack jurisdiction simpliciter or, alternatively, that Israel is a clearly more appropriate forum.
Lower court rulings
Ontario Superior Court of Justice
CV-11-00443086, 2015 ONSC 1128
Motion to stay action for lack of jurisdiction simpliciter or, alternatively, based on forum non conveniens dismissed
Court of Appeal for Ontario
C60259, 2016 ONCA 515
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.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
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.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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