Defamation

Defamation


Bou Malhab v. Diffusion Métromédia, 2011SCC9
The Supreme Court overturns a class action award by Quebec's Superior Court of damages to a non-profit organization representing all members of the class. The Court held that no reasonable person would have taken the impugned comments seriously or believed that they applied to all members of the class.

Defamation


Spiller v Joseph, 2010 UKSC 53
Summary Coming Soon.

Defamation


Turmel v. CBC (Dragons’ Den), 2010 ONSC 5318
While the Ontario Court agrees that The Dragons on CBC's television show Dragon's Den were "unkind" to the plaintiff, the failure to properly serve a notice of libel under the Libel and Slander Act serves as grounds for summary dismissal. Justice Lofchik also generously takes time to consider whether the plaintiffs unplead breach of contract claim reveals a genuine issue. Here the consent form, signed by the plaintiff effectively bars any such claim. This case serves as an example of the effectiveness of the libel notice requirements as well as the prudence of requiring consent forms.

Defamation


Prud’homme vs. Municipalité de Rawdon
Anne-Julie Perrault has shared with AdIDEM her summary and comments on a decision last March in the Quebec Court of Appeal overturning a number of injunctions and orders against a website and its users. The Court of Appeal held that the presence of some prima facie defamatory comments on a website did not justify ordering the entire website offline.

Defamation


Hunter v. Chandler
The British Columbia Supreme Court applied the new libel defence of Responsible Communication in a non-media case. On this occasion, the defence is unsuccessful.