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on the basis of a clause in Facebook's Terms of Use which provided: "You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement of Facebook exclusively in a state or federal court located in Santa Clara County." The Ontario Superior Court of Justice dismissed an application by the defendant Israeli newspaper for an order setting aside service ex juris of the Ontario statement of claim, or staying the action on the basis the Ontario court lacks jurisdiction, or alternatively, an order that the court is not a convenient forum, or alternatively, that the action is an abuse of process. The necessary “publication” may also occur in any particular location that appears to have been specifically “targeted” by the posting of the allegedly defamatory material. The Court held, inter alia: “The case law is clear that the heart of a libel action is publication.The plaintiff, a Toronto billionaire, complained about an article published in the online edition of the defendant newspaper in November, 2011, which was read by at least several people in Ontario and 200-300 people in Canada. The tort of defamation is committed where the publication takes place. company, but they were published or republished in Ontario and they are alleged to have caused injury in Ontario.

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The Court also refused to decline jurisdiction over the action. Accordingly, the lawsuit was ordered by a justice of the District of Quebec to be transferred to the District of Joliette. The Ontario Court of Appeal ruled unanimously that a lower court judged erred in ruling that Ontario has jurisdiction to hear a defamation claim based on two articles originally published by the defendant in 1997 on its website (and in its hard copy newspaper) while the plaintiff was living in Kenya.The Ontario Superior Court of Justice granted an application to permanently stay this lawsuit on the basis it was an abuse of process because the plaintiff's parallel Korean lawsuit over the allegedly defamatory emails and blog postings had been dismissed by the Jeju Regional Court in Korea as a result of the plaintiff's failure to comply with a Korean court order requiring him to post security for the defendant's costs. Washington Post 2005 Can LII 32906 (ON CA), (2005), 258 D. For more information about the facts, see the brief Court of Appeal decision: 2010 ONCA 416 and the decision of the Ontario Superior Court of Justice: 23 February 2009, COURT FILE NO.: CV-08-00356266-0000. C.) The Ontario Court of Appeal dismissed an appeal from the March 31, 2009 decision of the Ontario Superior Court which confirmed that Ontario has jurisdiction and is the appropriate and convenient forum for the plaintiff’s six defamation actions against directors, advisors and a Vice President of Hollinger International Inc. Applying the test for jurisdiction in Van Breda v Village Resorts Limited (2010), 98 O. (3d) 721 (CA) [on appeal to the Supreme Court of Canada], the Ontario Court of Appeal rejected defence arguments that treating the place of the tort as the place in which the allegedly defamatory statements were accessed in not appropriate in the context of libel.