Case information
Consult our database for details on a Supreme Court of Canada case.
38048
Saul Rabinowitz, et al. v. Ronald Rutman
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2018-08-14 | Close file on Leave | |
| 2018-08-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-08-10 | Judgment on leave sent to the parties | |
| 2018-08-09 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C63148, 2018 ONCA 80, dated January 31, 2018, is dismissed with costs. Dismissed, with costs |
|
| 2018-06-25 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-05-07 | Certificate (on limitations to public access), (Letter Form) | Ronald Rutman |
| 2018-05-07 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-05-07 | Ronald Rutman |
| 2018-04-06 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED ON APRIL 6, 2018. | |
| 2018-04-03 | Notice of name, (Letter Form) | Saul Rabinowitz |
| 2018-04-03 | Certificate (on limitations to public access), (Letter Form) | Saul Rabinowitz |
| 2018-04-03 | Application for leave to appeal, (Book Form), (Final CA Order filed on May 10, 2018), Completed on: 2018-04-03 | Saul Rabinowitz |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Rabinowitz, Saul | Applicant | Active |
| Bergman, Moishe | Applicant | Active |
| Artcraft Company Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Rutman, Ronald | Respondent | Active |
Counsel
Party: Rabinowitz, Saul
Counsel
95 Wellington Street West
Suite 1830
Toronto, Ontario
M5J 2N7
Telephone: (416) 499-9940
FAX: (647) 689-2059
Email: jadair@agbllp.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Bergman, Moishe
Counsel
95 Wellington Street West
Suite 1830
Toronto, Ontario
M5J 2N7
Telephone: (416) 499-9940
FAX: (647) 689-2059
Email: jadair@agbllp.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Artcraft Company Inc.
Counsel
95 Wellington Street West
Suite 1830
Toronto, Ontario
M5J 2N7
Telephone: (416) 499-9940
FAX: (647) 689-2059
Email: jadair@agbllp.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Rutman, Ronald
Counsel
Jessica Roher
130 Adelaide St. West
Suite 2600
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-3057
FAX: (416) 865-9010
Email: msammom@litigate.com
Agent
99 Bank Street, Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9699
FAX: (613) 783-9690
Email: david.elliott@fmc-law.com
Summary
Keywords
Damages – Quantum – Torts – Libel and slander – Internet defamation campaign orchestrated by former business associates following a business disagreement – What are the appropriate factors for courts to consider in assessing damages for defamation undertaken via the Internet?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Mr. Rutman is a Toronto chartered accountant, a partner at a firm where he has worked for over 40 years. It was undisputed that he enjoys an excellent reputation in Toronto, has been successful in business, and plays an active leadership role in his cultural and religious communities. He and Misters Rabinowitz and Bergman are former business associates. Following a business disagreement, they arrived at a settlement of their issues. However, Misters Rabinowitz and Bergman and their company were unhappy with some of the terms of the settlement and subsequently began an Internet defamation campaign against Mr. Rutman. The campaign involved posting numerous defamatory allegations on a website for sharing reviews and recommendations of services. Mr. Rabinowitz also sent emails to Mr. Rutman’s contacts, impersonating Mr. Rutman and encouraging them to visit the website where the fake reviews were posted. The campaign was designed to harm Mr. Rutman’s personal and professional reputations.
The trial judge found Mr. Bergman and the corporate defendant jointly and severally liable with Mr. Rabinowitz for defamation. He awarded $200,000 general damages against all three defendants, $200,000 aggravated damages and $250,000 punitive damages against Mr. Rabinowitz and $50,000 punitive damages against Mr. Bergman. The appeal was dismissed.
Lower court rulings
Ontario Superior Court of Justice
CV-09-377474, 2016 ONSC 5864
Defamation claim allowed.
Court of Appeal for Ontario
C63148, 2018 ONCA 80
Appeal dismissed.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available