What is the applicable law in defamation cases?
Canada (Federal), Canada
The following excerpt is from Haaretz.com v. Goldhar, [2018] 2 SCR 3, 2018 SCC 28 (CanLII):
The applicable law in tort cases is generally the lex loci delicti — the law of the place where the tort occurred (Tolofson v. Jensen, 1994 CanLII 44 (SCC), [1994] 3 S.C.R. 1022, at p. 1050). In defamation cases, this means the jurisdiction where the impugned statements were published to a third party. In this case, there is no dispute that the article was accessed by hundreds of readers in Canada, including several people in Ontario.
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