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Tony S. K. Wong
Partner, Toronto Office
Telephone
416-863-2180
Facsimile
416-863-2653
email
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Profile
Tony Wong is a litigation Partner. He has both a specialized practice in media law (libel, defamation and freedom of the press) and significant experience litigating a broad range of other matters including the following:
- Corporate commercial law (enforcing non-competition covenants through injunction applications, government procurement, enforcing foreign judgments, asserting and defending claims for breach of contract and commercial tort)
- Privacy and freedom of information (advising clients as to obligations under private sector Personal Information Protection and Electronic Documents Act; assisting clients in accessing information in the possession of the government through freedom of information requests and appeals)
- Defence of criminal and quasi-criminal charges (defending a substantial commercial fraud charge, defending charges under provincial regulatory legislation)
- Constitutional law (challenges to constitutionality of legislation)
Tony's media law practice includes acting for the Toronto Star, Canada's largest daily newspaper; Metro News; the Canadian Broadcasting Corporation; and Sing Tao Daily, Canada's leading Chinese language newspaper. On a daily basis, he advises these clients on all legal issues arising from publication (such as libel, contempt and copyright). He also frequently attends court to oppose publication bans and orders excluding the media from the courtroom. Tony has extensive experience defending libel claims against media clients. During his time at Blakes, he has defended approximately 30 separate libel claims from the drafting of pleadings, arguing pre-trial motions, and acting as counsel at trials and appeals.
Tony is recognized in the 2008 edition of The Best Lawyers in Canada in the specialty of defamation and media law, and is also recognized in The Canadian Legal Lexpert Directory as being repeatedly recommended in the area of defamation and media litigation.
Tony has appeared as lead counsel at every level of court in Ontario from the Ontario Court of Justice to the Ontario Court of Appeal. His courtroom experience includes acting as counsel on significant appeals, trials, applications, administrative hearings and judicial reviews.
A selection of the reported cases on which Tony has appeared as counsel is set out below:
Toronto Police Services Board v. (Ontario) Information and Privacy Commissioner, 2009 ONCA 20 [appeal of judicial review decision quashing order of Information and Privacy Commissioner]
- Guo v. Sing Tao Daily Ltd., [2008] O.J. 1840 (Sup. Ct.) [opposing addition of claim after expiry of limitation period]
- Toronto (City) Police Services Board v. Ontario (Information and Privacy Commissioner), [2007] O.J. NO. 22142 (Div. Ct.) [respond to judicial review application of decision on freedom of information appeal]
- R. v. Eurocopter Canada Ltd. (2007), 287 D.L.R. (4th) 144 (Ont. S.C.J.) [limited inquiry to determine good faith of police claim of confidential informant privilege]
- Toronto Star Newspapers Ltd. v. Canada, [2006] O.J. No. 3062 (S.C.J.) [application Canadian and American media companies to quash publication ban at bail hearing of alleged "homegrown terrorists"]
- K.B. v. Toronto District School Board (2006), 81 O.R. (3d) 56 (Div. Ct.) [opposing publication ban and sealing order at Divisional Court in proceeding under Education Act]
- Forestall v. Toronto Police Services Board, [2007] O.J. No. 256 (Div. Ct.) [opposing publication ban on judicial review in Divisional Court]
- R. v. MBB Helicopter Canada Ltd., [2006] O.J. 3230 (S.C.J.) [responding to application for certiorari of discharge at preliminary hearing]
- Xian v. Xiao, [2006] O.J. No. 1409 (C.A.) [appeal of permanent injunction order issued pursuant to confidentiality provision of agreement]
- OmegaNutrel Inc. v. Food Systems Innovation Inc., [2005] F.C.J. No. 1675 (Federal Court) [opposing application for interlocutory injunction]
- R. v. Polewsky, [2005] O.J. 4500 (C.A.) [Provincial Offences Act appeal]
- Gauthier v. Toronto Star Newspapers Ltd., [2003] O.J. No. 2622 (Sup. Ct.), affirmed [2004] O.J. No. 2686 (C.A.), application for leave to appeal dismissed with costs [2004] S.C.C.A. No. 411 [group libel]
- Yahong Bai et al v. Sing Tao Daily Limited et al., a decision of Backhouse J. of the Superior Court of Justice dated June 7, 2002, affirmed [2003] O.J. No. 1917 (C.A.), application for leave to appeal to Supreme Court of Canada dismissed with costs, [2003] S.C.C.A. No. 354 [group libel, "negligent" publishing]
- R. v. Mentuck, [2001] 3 S.C.R. 478 [test for publication ban to protect "proper administration of justice"]
- R. v. Toronto Star Newspapers Ltd., a decision of McGarry J. of the Ontario Superior Court of Justice dated September 24, 2004, affirmed [2003] 67 O.R. (3d) 577 (C.A.) [quashing sealing order on information to obtain search warrant]
- Silva v. Toronto Star Newspapers Ltd., [1998] O.J. No. 6491 (Gen. Div.), affirmed [2002] D.L.R. (4th) 77 (C.A.) [libel trial and appeal]
- Young v. Toronto Star Newspaper Ltd. (2003), 66 O.R. (3d) 170 (Sup. Ct.) [libel trial; appeal decision on reserve]
- R. v. Eurocopter Canada Ltd. [2003] O.J. No. 4238 (Sup. Ct.) [variation of sealing order on information to obtain search warrant]
- Ontario (Attorney General) v. Ontario (Assistant Information and Privacy Commissioner), [2002] O.J. No. 4703 (Div. Ct.) [freedom of information request; judicial review]
- Oshawa This Week v. Ontario (Review Board), [2002] O.J. No. 5383 (Sup. Ct) [access to Review Board hearing; application for certiorari]
- Toronto Star Newspapers Ltd. v. Toronto (City) Police, [2000] O.J. No. 4684 (Div. Ct.) [Access to charging document from police discipline hearing]
- Pizza Pizza Limited v. Toronto Star Newspapers Ltd., (2000) O.R. (3d) 254 (C.A.) [libel pleading]
- Carolina Industrial Equipment Sales Ltd. v. Waring (1999) O.J. No. 665 (Gen. Div.) [struck out tort claims against officer and director of corporation arising out of actions taken in course of duties as officer and director]
Tony is an adjunct professor of law at Osgoode Hall Law School in Toronto, where he has taught the contract remedies course for the past six years. He has also guest-lectured on media law at Ryerson University's School of Journalism and has spoken on thePersonal Information Protection and Electronic Documents Act at the Lorman Education Services Seminar on Freedom of Information and Protection of Privacy in Ontario (October 25, 2002). He regularly provides training seminars to media clients on libel and copyright issues, as well as legal issues relating to publishing on the Internet.
In addition, Tony has prepared and/or presented several papers at the annual National Media Law Conference including his 2004 paper entitled "Draft Newspaper Articles and Solicitor-Client Privilege." Other papers prepared by Tony for past conferences include: "Section 486(4.1) of the Criminal Code: Codification of the Dagenais Principles" (2000), "Justification of Allegations: Have you Heard the Latest" (2001), and "R. v. Mentuck: Extension of the Dagenais Principles" (2003). He is also a member of the FOI Audit Group of the Canadian Newspaper Association. In October of 2007, Tony provided a webinar on fighting publication bans to members of the Canadian Newspaper Association.
Before joining Blakes in 1998, Tony graduated as the bronze medallist at Osgoode Hall Law School, with prizes in contract law and civil procedure. After graduating from Osgoode, he clerked at the Ontario Court of Appeal, where he worked for Chief Justice McMurtry, and then joined Blakes.
Tony speaks Cantonese and French.
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Areas of Law
Litigation & Dispute Resolution
Media
White Collar Crime
Privacy
Constitutional & Charter of Rights
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Education
Admitted to Ontario Bar - 1998
LL.B., Osgoode Hall Law School - 1996
B.A. (Political Science), University of Toronto - 1993
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Media Appearances
Interviewed -
"Phone and E-mail Threats Against Oshawa Councillor Lead to Police Investigation",
Interviewed by Jillian Follert, newsdurhamregion.com, January 15, 2010.
 Interviewed -
"Cape Breton RCMP Investigation",
Interview for CBC Radio One, The Current. Aired on December 17, 2009.
 Quoted -
"Star wins 'landmark' court fight over record: Appeals court backs Star's freedom of information request",
Toronto Star, Front Page, January 14, 2009.
 Quoted -
"Newsletter spotlights barriers to court files",
Toronto Star, pp. A8, January 9, 2009.
 Interviewed -
"Beware What You Share on Facebook
",
Interviewed by Keely Grasser for the Vaughan Citizen, p. 1, 16, September 18, 2008.
 Quoted -
"Ontario Appeals Court Strengthens Defense for Canadian Journos",
Article by Mark Fitzgerald, Editor & Publisher, editorandpublisher.com, November 15, 2007.
 Quoted -
"Judge Keeps Sex Assault Case Partly Open",
Article by Diane Wood, Kitchener-Waterloo Record, August 16, 2007.
 Quoted -
"Criminal Fraud and Civil Misrepresentation",
Chinese News, P. 3, March 30, 2007.
 Quoted -
"Educated Consumers May Avoid Costly Legal Fees",
Chinese News, P. 3, January 11, 2007.
 Quoted -
"Cornall Sex-Abuse Inquiry Not 'Truly Public': Journalist",
CBC News November 8, 2006
 Quoted -
"Shareholders and Directors Play Different Roles",
Chinese News, P. 3, November 3, 2006.
 Quoted -
"Publication Ban Upheld in Terror Cases",
CanWest News Service, July 28, 2006.
 Quoted -
"Judge Upholds Publication Ban on Terror Hearings",
Canadian Press, July 27, 2006.
 Quoted -
"Public Interest Demands Publication Ban in Terror Case be Lifted",
Article by Sean Patrick Sullivan, The Canadian Press, July 10, 2006.
 Quoted -
"Death in the Community",
Article by Kary Boudreau, Ryerson Review of Journalism, Spring 2005.
 Quoted -
"Court Shields Names in Immigration Case",
Toronto Star, P. A5, February 16, 2005.
 Quoted -
"Appeal Keeps Lid on Warrant: Details Surrounding an Aylmer Meat Packing Plant Will Likely Remain Secret Until After the Election",
London Free Press, September 26, 2003.
 Quoted -
"Relatives Want Luft Documents Sealed Forever",
CBC News, November 10, 2000.
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Recent Publications
Co- author - "The Long Reach of the Law: Practical Tips for Compliance with Anti-Corruption Legislation",
Blakes Bulletin on White Collar Crime, March 2010.
 Author -
"tweet: Who's suing who?",
Toronto Star, p. B12, November 5, 2009.
 Author -
"Google Street View a Privacy Worry",
thestar.com, October 22, 2009.
 Author -
"Street View Has Privacy Experts Seeing Double",
Toronto Star, p.B7, October 22, 2009.
 Co-author -
Criminal Liability of Officers and Directors of a Corporation",
The Canadian Institute's 12th Annual National Forum, Directors', Officers' and Fiduciaries Liability Conference, Toronto, Ontario, October 21, 2009.
 Co-author - "Canada's Corruption of Foreign Public Officials Act: What You Need to Know and Why",
Published in The In-Hourse Lawyer.co.uk, October 2009; also in Blakes Bulletin on White Collar Crime, September 2009.
 Author -
"Named Person v. Vancouver Sun: Confidential Informant Privilege and the Duty to Accommodate Openness",
Presented at the National Media Law Conference, Ottawa, November 7, 2008.
 Author -
"Legal Risks of Posting on the Internet
",
Asian Wave, pp. 17, July, August 2008.
 Co-author -
"Sentencing Options for White Collar Criminal Offences",
prepared for client seminar, Keeping the collar white: What you need to know to protect your organization from criminal liability, April 22, 2008.
 Author -
"The Law of Fraud and White Collar Crime in Canada",
prepared for client seminar, Keeping the collar white: What you need to know to protect your organization from criminal liability, April 22, 2008.
 Co-author -
"Canadian Criminal Law For Business: New Developments and What you Need to Know",
prepared for client seminar, Keeping the collar white: What you need to know to protect your organization from criminal liability, April 22, 2008.
 Co-author -
"Media Must Tread Cautiously With Defamatory Web Postings",
The Lawyers Weekly, p. 13, March 21, 2008.
 Co-author -
Media Must Tread Cautiously With Defamatory Web Postings",
The Lawyers Weekly, p. 13, March 21, 2008.
 Co-author -
"Litigation -- Defamation and Media Year in Review",
2008 Lexpert Directory, p. B1-B4.
 Co-author -
"User Comments on Newspaper Websites: Innocent Dissemination?",
Presented at Ad IDEM/Canadian Media Lawyers Association Annual Medial Law Seminar, Toronto, Ontario, November 2-3, 2007.
 Co-author -
"On Canadian CRIMINAL Law",
The Lexpert® U.S. Guide, November 2007.
 Co-author -
"Public Interest Responsible Journalism",
Charter and Human Rights Litigation, pp. 1094-1099, Volume XIV, No. 3, 2007.
 Co-editor -
"Contract Remedies",
Cases and Materials (Osgoode Hall Law School).
 Author -
"Dagenais Principles and the Protection of the Innocent",
Presented at National Media Law Conference, Montreal, Quebec, November 17-18, 2006.
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Recent Professional Activities
Speaker -
"Careful What You Tweet: Libel Risks of Tweeting, Blogging and Commenting Online",
Crimewriters Association of Canada, Bloody Words Conference, Toronto Hilton Hotel, May 28, 2010.
 Speaker -
"Law of Defamation and Publication Bans",
National Webinar for the Canadian Newspaper Association, March 10, 2010.
 Co-editor -
"The Justice Reporter: Issues Involving Journalism and the Law",
(Quarterly), 2009.
 Speaker -
"The Public Right to Access Administrative Hearings",
8th Annual Advanced Administrative Law & Practice, The Canadian Institute, Ottawa, Ontario, October 28-29, 2008.
 Speaker -
"Constitutionalization of Libel Law and Other Long Over-Due Developments in Freedom of the Press
",
7th Annual Charter Conference, Ontario Bar Association, Toronto, Ontario, September 26, 2008.
 Speaker -
"The Intersection of Civil and Criminal Fraud",
Criminal Law Issues Affecting Civil Litigators, Ontario Bar Association, Toronto, Ontario, September 24, 2008.
 Speaker -
"The New World of Defamation Law: Who Says it has to be True?",
Blake, Cassels and Graydon firm seminar, Toronto, Ontario, May 2, 2008.
 Speaker -
"Keeping the Collar White: What You Need to Know to Protect Your Organization from Criminal Liability",
Blake, Cassels and Graydon client seminar, Toronto, Ontario, June 4, 2007, Vancouver April 22, 2008, Calgary, April 23, 2008.
 Speaker -
"Canada's Anti-Money Laundering Laws Get a Facelift -- Part 1",
Blake, Cassels and Graydon client seminar, Toronto, Ontario, May 29, 2007.

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