What factors must be considered in determining whether an application has been commenced using the Internet?
Ontario, Canada
The following excerpt is from Sanchez-Pontigon v. Manalansan-Lord, 2009 CanLII 28216 (ON SC):
As noted in Barrick v. Lopehandia, supra, where the Internet has been utilized, the relevant factors must be considered in light of what one judge has characterized as the “ubiquity, universality and utility” of that medium. Barrick v. Lopehandia, supra, at para. 30.
The problem with Internet defamation is that it has a grave potential to damage the reputation of individuals. It has a potential for being taken at face value. It is available immediately and worldwide. As noted in Barrick v. Lopehandia, “the mode and extent of publication is therefore a particularly significant consideration in assessing damages in Internet defamation cases.” Barrick v. Lopehandia, supra, at para. 34.
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