Goldhar V Haaretz.Com 2016 ONCA
COURT OF APPEAL FOR ONTARIO CITATION: Goidhar v. Haaretz.com, 2016 ONCA 515 DATE: 20160628 DOCKET: C60259 Simmons, Cronk and Pepall JJ.A. BETWEEN Mitchell Goldhar Plaintiff (Respondent) and Haaretz.com, Haaretz Daily Newspaper Ltd., Haaretz Group, Haaretz.Co.ll, Shiomi Barzel and David Marouani Defendants (Appellants) Paul Schabas and Emily Bala, for the appellants William McDowell, Ren Bucholz and Julian Porter, Q.C., for the respondent Heard: November 10, 2015 On appeal from the order of Justice Mario D. Faieta of the Superior Court of Justice, dated March 6, 2015, with reasons reported at 2015 ONSC 1128, 125 O.R. (3d) 619. Simmons J.A.: I. INTRODUCTION [1] The issues on appeal concern whether an internet libel action, based on a newspaper article uploaded in Israel, can and should proceed in Ontario. Page: 2 [2] In November 2011, an Israeli newspaper, Haaretz, published an article criticizing the management practices of Mitchell Goldhar, the owner of the Maccabi Tel Aviv Football Club, a soccer team based in Tel Aviv, that plays in the Israeli Premier League. [3] Goldhar is a prominent Canadian businessman and lives in Toronto. [4] In addition to being published in print, the article was available on the newspaper’s Hebrew and English-language websites. It came to the attention of some Canadian readers through the English-language website. [5] The article asserted that Goldhar imported his management model from his main business interest — a partnership with Walmart to operate shopping centers in Canada — and that he “runs his club down to every detail.” It also included a suggestion that his “managerial culture is based on overconcentration bordering on megalomania” and questioned whether “his penny pinching and lack of long term planning [could] doom the [soccer] team.” [6] In December 2011, Goldhar launched an action in Ontario, claiming damages for libel against Haaretz, its sports editor and the reporter who wrote the article (collectively “Haaretz”).
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