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Ontario Court of Appeal Overturns Defamation Decision
In a recent case concerning defamation, the Ontario Court of Appeal set aside an order of the Superior Court of Justice that granted summary judgment dismissing the appellant’s action for libel, slander and intentional infliction of mental suffering. The appellant’s action was based on alleged defamatory comments made by the respondent at a social club meeting using a microphone and loudspeaker, at a time when the appellant was a law student.
Originally, the motion judge dismissed the appellant’s claims on the basis that the alleged defamatory actions were not libel since they did not constitute a “broadcast” under Ontario’s Libel and Slander Act, and could not succeed as slander per se since the appellant was not a lawyer at the time and led no evidence of special damage.
On the issue of libel, however, the Court of Appeal ruled that the scope of the term “broadcast” is not fully settled in Canadian jurisprudence and such an interpretive analysis should only be done in the context of a full factual record. Similarly, the court ruled that the issue of slander based on the appellant’s status as a law student engaged novel questions of law, and required findings of fact at a trial. The court also found there was some evidence on the record that could constitute special damage, including evidence of business and social hardship, as well as mental suffering.
For a copy of the decision, visit: