Professional recognition
Litigation – Defamation & Media
About MacKinnon Law
At MacKinnon Law PC, clients work directly with Iain MacKinnon from start to finish. Iain’s clients benefit from an experienced counsel who understands both the legal and practical aspects of a dispute or contract negotiation, and remains personally engaged throughout the process.
For more than 30 years, Iain MacKinnon has acted for businesses, professionals, entrepreneurs, media/entertainment companies, artists, and other individuals navigating a wide range of disputes and contract situations that are often stressful, uncertain, financially significant, or deeply personal. While every situation is different, most clients are ultimately looking for the same thing — sound legal judgment, a clear strategy, strong advocacy, and someone they trust to guide them through it.
Iain is routinely a top choice for other lawyers when they need to refer a client, colleague, friend or family member to legal counsel. As a testament to the respect he has earned amongst his peers, he is ranked by Lexpert’s legal directory of the best lawyers in Canada as “Most Frequently Recommended” for Litigation – Defamation & Media. When you need to protect your reputation or intellectual property, or are dealing with allegations of defamation, you want Iain MacKinnon in your corner.
Iain started his career and gained invaluable experience at leading Bay Street law firms Goodmans LLP and McCarthy Tetrault LLP. Before starting his own practice, Iain acted as in-house counsel at CBC, where he advised senior executives and business teams on litigation, defamation, trademark and copyright, production agreements, and major commercial matters. Iain has also acted as part-time in-house counsel for two technology companies. Iain fully understands the needs of in-house counsel and goes the extra mile to grasp the business realities of his corporate clients.
Over his years of practice, Iain has represented clients from all walks of life facing difficult personal and professional situations. Regardless of the matter, his approach remains the same —listen carefully, provide practical advice, develop a thoughtful strategy, and advocate passionately for his clients.
Services
Iain advises businesses, entrepreneurs, and professionals on disputes involving shareholder conflicts, partnership breakdowns, breach of contract claims, trademark/copyright protection, insurance coverage, professional negligence, real estate, and other commercial disputes.
Iain represents people in disputes involving property ownership, consumer issues, personal injury, professional negligence, privacy matters, and other conflicts requiring practical judgment and strong advocacy.
Iain works with employers and terminated employees on workplace disputes, executive departures, wrongful dismissal claims, disputes involving confidentiality obligations, and other matters where reputational or business concerns are at stake.
Drawing on his experience with major media organizations and as in-house counsel at CBC, Iain advises media companies, producers, and writers on contract matters, pre-publication issues, intellectual property matters, defamation, access to court documents, and other thorny legal issues.
Having worked both in private practice and as in-house counsel, Iain understands the pressures facing internal legal teams. Iain regularly works with in-house counsel to manage disputes, assess legal risks, review contracts, and provide strategic litigation support.
Iain advises professionals, politicians, and organizations facing allegations, investigations, regulatory issues, professional liability claims, and disputes where reputational considerations are central to the outcome.
Iain acts on complex litigation and appellate matters requiring careful analysis, persuasive advocacy, and practical judgment developed over decades of experience.
Iain has successfully argued a number of Anti-SLAPP motions and appeals for both plaintiffs and defendants.
Cases
Represented a real estate developer at Divisional Court and Ontario Court of Appeal, challenging MPAC’s property tax assessments of five commercial properties. Iain was successful and the court decisions saved his client more than $1,200,000 in property taxes.
Represented a journalist who was sued for defamation based on an interview she gave for a podcast. Iain brought a successful Anti-SLAPP motion that dismissed the legal action against the journalist at an early stage.
Represented CBC in a judicial review Application, challenging a corporation’s refusal to disclose information in response to a journalist’s freedom of information request. The Federal Court of Canada agreed with Iain’s arguments and ordered the information to be disclosed.
Represented a media coalition of CTV News, CBC, Toronto Star, Postmedia, and the Globe and Mail to oppose a publication ban over a “manifesto” written by Nathaniel Veltman, who was convicted of murder and terrorism charges after deliberately ramming his pickup truck into a Muslim family in London, Ontario, tragically killing four of them. The Court sided with Iain’s clients and denied the publication ban.
Represented Catholic School Board Trustees who were sued for defamation by former Liberal MP and Cabinet Minister, Joseph Volpe, after they publicly criticized a series of articles written by Volpe as being homophobic and transphobic. Iain brought a successful Anti-SLAPP motion that dismissed the legal action against the Trustees at an early stage.
Represented the family and estate of a plaintiff who died due to alleged medical negligence. After the Superior Court dismissed the action on the basis of a limitation period, Iain successfully appealed the decision and the Court of Appeal restored the action, allowing it to proceed.
Represented a plaintiff, who was the Chief Administrative Officer for the City of Guelph, Ontario, in a defamation action against an internet blogger. Iain successfully defended an Anti-SLAPP motion brought by the defendant, as well as an appeal of the motion decision by the defendant.
Represented a defendant who was sued for defamation after posting comments on social media. Iain brought a successful motion for summary judgment that dismissed the action and was also successful on an appeal brought by the defendant.
Represented Vice Media and its journalist in opposing a production order by the police to obtain the journalist’s text messages with a person charged with terrorism offences. The case went to the Supreme Court of Canada and reshaped the law of production orders against journalists.
Represented CBC and Sun Media in a successful Application to unseal a search warrant used in Toronto Police Service’s investigation of former mayor of Toronto, Rob Ford. The court Application led to the disclosure of various acts of misconduct by the mayor, including the eventual release of the infamous video of Ford smoking crack cocaine.
Media
From the Ontario Superior Court of Justice to the Supreme Court of Canada, Iain has represented major media organizations including CBC, CTV/Bell Media, Postmedia, Toronto Star, and The Globe and Mail in landmark cases involving free expression, publication bans, court openness, privacy, and reputational issues.
Media Rights
Journalist asks court to prevent police access to unedited interview.
Property Rights
Ontario Court of Appeal upholds decision quashing property assessment.
Public Access
In Veltman trial, judge rejected publication ban.
Media Rights
Director fights to keep Norval Morrisseau fraud documentary footage sealed.
Medical Malpractice
Medical malpractice claim restored by Ontario Court of Appeal.
Personal Injury
Former student sues private St. Michael’s College School after alleged sexual assault on campus.
Public Access
Supreme Court agrees to hear Vice dispute with RCMP over reporter materials
Defamation
Condo developer suing its online critics
Court Transparency
Judicial council rejects secrecy request from Hamilton judge.
Public Interest
Fighting the secrecy in holding CSIS to account.
Defamation
Jama threatens lawsuit after Ford accuses NDP MPP.
Personality Rights
Dead celebrities are being digitally resurrected and the ethics are murky.
Free Speech
Media law experts say decision to publish 911 calls not a matter for investigation.
Privacy Rights
Sherman decision sets high bar for restrictions on court proceedings.
Court Openness
Media not allowed to cover sex offender Donnie Snook’s parole board hearing.
Privacy Rights
Prince Harry and Meghan’s arrival could mean new grounds for Canada’s privacy law.
Mandatory Injunctions
SCC clarifies test for mandatory interlocutory injunctions.
Juries
Have jurors won the right to Google the accused?
Privacy Rights
Are courts granting anonymity to those who don’t deserve it?
Social Media Defamation
April Reimer, wife of Maple Leaf James Reimer, attacked on Twitter.
Blog
A false and damaging statement about you or your business has been posted online – a review, a social media post, a comment thread, or maybe in a group chat. Your first instinct may be to respond immediately and forcefully. That instinct is usually the wrong one.
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If you are involved in a legal dispute in Ontario, it helps to know roughly what's ahead. Civil litigation can move slowly, and it looks very different depending on the size and complexity of the claim, but the overall process is fairly consistent. Here is an outline of the major stages.
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The Ontario Court of Appeal reins in costs award to successful defendant in anti-SLAPP motion
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An anti-SLAPP motion allows a defendant to move early in a lawsuit for an order dismissing it outright, on the basis that the plaintiff's lawsuit targets expression on a matter of public interest. This article explains how judges decide these motions, what a successful motion achieves, when to bring an anti-SLAPP motion, and when not to bring one.
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Iain MacKinnon
400 University Ave., Suite 201 Toronto, Ontario M5G 1S5Email Iain or fill in your information below for a free consultation.
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