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The court found Deep Capture internet publications defamatory of Altaf Nazerali and held Mark Mitchell, Patrick Byrne and Deep Capture LLC liable; several other defendants were dismissed.
The Court of Appeal held the motion judge erred in applying the Muscutt factors, concluded there was no real and substantial connection between the action and Ontario given minimal publication and lack of significant damage in Ontario at the time of publication, and therefore set aside the motion judge's order and stayed the action — Ontario courts should not assume jurisdiction.
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