Defamation Awards attract Court Ordered Interest

In the recent case of Dhillon v. Jaffer, 2013 BCSC 1860, the Honourable Mr. Justice Melnick had an opportunity to review the case law on whether interest is recoverable on an award for damages in a defamation action. Justice Melnick …

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Libel Tourism: Courting Foreign Litigants

The recent Supreme Court of Canada decision of Breeden v. Black, 2012 SCC 19, [2012] 1 S.C.R. 666 has reaffirmed that the tort of defamation occurs where the defamatory comment is published (i.e. read by a third party), even when …

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Mainstream Canada v. Staniford, 2012 BCSC 1433

On September 28, 2012, Madam Justice Adair dismissed an action in defamation by Mainstream Canada against the defendant Don Staniford carrying on business as The Global Alliance Against Industrial Aquaculture.

The plaintiff, Mainstream, is the second largest producer of farmed …

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William v. Kelowna (City), 2012 BCSC 421

In the recent judgment of William v. Kelowna (City) et al, 2012 BCSC 421, Mr. Justice Rogers dismissed an action in defamation and negligence against the City of Kelowna. The plaintiff, Ms. William, alleged that an employee of the …

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The Writing on the Wall: Social Media, Defamation and Employment

Traditionally, the personal life of an employee has been just that: personal. Employers are generally not entitled to pry or take issue with the manner in which employees conduct themselves outside of working hours. That said, the private life of …

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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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