Defamation

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..."

Defamation


A.B. v Bragg Communications Inc.
Justice Abella, on behalf of the Supreme Court, held that the father of a 15 year old has the right to anonymously obtain an order requiring the Internet provider to disclose the identity of a ...

Defamation


Vellacott v. Saskatoon Starphoenix Group Inc. 2012 SKQB 359
The Court of Queen’s Bench for Saskatchewan finds that the criteria for the defences of responsible journalism (communication), qualified privilege and fair comment are all met in this defamation action, brought by Saskatoon-Wanuskewin MP Maurice Vellacott against the Saskatoon StarPhoenix and two of its reporters. In his decision, Justice Danyliuk summarizes the defences of responsible journalism, qualified privilege and fair comment.