Defamation

Defamation


Guergis v. Novak 2013 ONCA 449
With one exception, the Ontario Court of Appeal agreed with the lower court that "the statements and letters upon which the allegations of defamation are based are either not capable of being defamatory or are protected by absolute privilege." The Court struck torts pleaded in the alternative to defamation on the basis that they were “dressed up” defamation. The Court also upheld a claim for absolute privilege for communications between officers of state (it is only the second decision in Canada which has applied this privilege), and the Court held that a statement in which someone is alleged to have engaged in criminal conduct is not defamatory.

Defamation


Shtaif v. Toronto Life Publishing Co. Ltd. 2013 ONCA 405
Background In Shtaif, the plaintiff businessmen alleged that the defendants defamed them by publishing an article in May 2008, first in the print version of Toronto Life magazine and later on Toronto Life’s website. The plaintiffs ...

Defamation


Casses v Canadian Broadcasting Corporation, 2013 BCCA 200
The BC Court of Appeal has rejected an attempt by a plaintiff surgeon to restrict a defamation action to narrow pleaded meanings (such as "was negligent in his treatment of Edith Backer") and has upheld a defence that pleaded different meanings and particulars of other surgical cases raising competence issues.

Defamation


Asselin v. McDougall 2013 ONSC 1716
Madam Justice Toscano Roccamo of the Ontario Superior Court rejects an application for an interim injunction in this defamation action, in which the plaintiff is suing the defendants for defamation under the Simplified Procedure over two videos and comments made by the defendant and others on YouTube in relation to the videos.

Defamation


Mainstream v. Staniford 2012 BCSC
Justice Adair, of the Supreme Court of British Columbia, rules in favour of the defendant. While finding that Mr. Staniford's statements are defamatory of the plaintiff, Adair J. concludes he should succeed on his defence of fair comment because Staniford had an honest belief in the statements he made and "injuring Mainstream because of spite or animosity was not his dominant purpose..."