Yearly Archives: 2011

An insurer’s duty to defend in defamation cases

British Columbia Medical Association v. Aviva, 2011 BCSC 1399, decision rendered October 19, 2011 

A plaintiff cannot circumvent a defendant’s insurance coverage for defamation by simply pleading that the publications were made with an intent to injure and with …

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A review of Damage Awards in Defamation

The experience of the past ten years confirms that very large damages in defamation cases in British Columbia are relatively rare. We can count only five cases since 2001 in which the damage awards were $200,000 or higher.

In contrast …

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Liability for hyperlinking after the Supreme Court of Canada’s Decision of Crookes v. Newton

The risk of being found liable in defamation for hyperlinking to another person’s defamatory publication lingers even after the Supreme Court of Canada decision of Crookes v. Newton, 2011 SCC 47

Many articles reporting on this recent Supreme Court …

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Only 2 years in British Columbia to commence a defamation action, regardless of when the defamatory publication is discovered.

The limitation period to commence an action for defamation in British Columbia is two years from the time of the publication, regardless of when the plaintiff becomes aware of the libel or slander.

Unlike some other torts, a claimant in …

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