OBA - Social Media, Friend or Foe

Education LawSocial Media In Schools: Friend or Foe?Thursday, March 31, 2011 | 5:30 pmOBA Conference Centre20 Toronto Street, Suite 200, | Toronto, Ontario
Omar Ha-Redeye

Overview
Brief case law review
Reputation management
Developing standards

Paine v. University of Toronto, [1981] O.J. No. 3187
“the courts should use restraint and be slow to intervene in university... the courts should be reluctant to intervene in university affairs.” [para. 11]

Pridgen v. University of Calgary, 2010 ABQB 644
“I am satisfied that the University is not a Charter free zone…
the manner in which those policies are interpreted and applied must not offend the rights provided under the Charter.” [para. 64]

Gauthier c. Saint-Germain, 2010 ONCA 309;Jaffer v. York University, 2010 ONCA 654
Gauthier: where pith and substance of dispute is academic, action should not be held in courts
even where there are larger contractual or tortious claims
Discussion in Jaffer:
proper jurisdiction can be identified by type of remedy sought:
Judicial review to reverse internal academic decision
SCJ Jurisdiction if damages claimed in tort or contract

R. v. Sather, 2008 ONCJ 98
Expert Evidence of Jesse Hirch:
People embellish their character and deliberately say provocative things to elicit a response from their Facebook “friends”.
construct an alternate persona.
postings were expressions of emotions
posted these items to blow off steam as he had been taught in a prior anger management course.

Zhang v. The University of Western Ontario, 2010 ONSC 6489
JR application dismissed for unexplained delay > 6 mos
Off-campus conduct of Facebook postings
Applicant submitted:
postings beyond the reach of the University’s authority
protected by s. 2(b)
“free speech has its limits, including the making of threats and defamation of character” [para. 35]

Rate My Profs

Foda v. RateMDs; Foda v. Capital Health
Alberta Court of Queen's Bench
January 12, 2007 – Appeal of pleadings amended
April 17, 2007 - Application for stay of proceedings
June 21, 2007 (Alb. C.A.)- defamation claim struck for lack of evidence
United States District Court, Northern District of California, San Jose Division
July 16, 2008 – Order for subpoena granted
May 10, 2010 – Interim order
July 26, 2010 – Motion denied

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OBA - Social Media, Friend or Foe

by Omar Ha-Redeye on May 30, 2011

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OBA - Social Media, Friend or Foe — Webinar Transcript