Gauthier v. Toronto Star Newspapers Limited

Gauthier v. Toronto Star Newspapers Limited

Because the articles used general language about systemic racism and did not name or identify particular officers, they were not reasonably capable of referring to the individual plaintiffs as 'racist' or engaging in 'racial profiling'; accordingly it was plain and obvious the plaintiffs could not succeed in...

Source-derived case information.

Citation
C40291
Parties
Plaintiff/appellant: Marc Gauthier; Plaintiff/appellant: Peter Duncan; Plaintiff/appellant: Andrew Clarke; Defendant/respondent: Toronto Star Newspapers Limited; Defendant/respondent: Torstar Corporation; Defendant/respondent: John Honderich; Defendant/respondent: Mary Deanne Shears; Defendant/respondent: Robert Hepburn; Defendant/respondent: Jim Rankin; Defendant/respondent: Jennifer Quinn; Defendant/respondent: Michelle Sheppard; Defendant/respondent: Scott Simmie; Defendant/respondent: John Duncanson; Defendant/respondent: Betsy Powell; Defendant/respondent: Leslie Papp; Defendant/respondent: Greg Smith; Defendant/respondent: Andrea Hall; Defendant/respondent: Matthew Cole; Defendant/respondent: Jonathan Ferguson
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
25 June 2004
Procedural Posture
Defamation (civil) / Appeal From Motions Judge Decision
Outcome
Appeal dismissed; motions judge's decision and costs order affirmed.
Legal Topics
Identification, Plain and Obvious Test, Intensity of Suspicion, Costs
Source Language
english
Defamation Civil Procedure Tort Law Identification Plain and Obvious Test Intensity of Suspicion Costs

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Parties

Marc Gauthier

Plaintiff/appellant

Peter Duncan

Plaintiff/appellant

Andrew Clarke

Plaintiff/appellant

Toronto Star Newspapers Limited

Defendant/respondent

Torstar Corporation

Defendant/respondent

John Honderich

Defendant/respondent

Mary Deanne Shears

Defendant/respondent

Robert Hepburn

Defendant/respondent

Jim Rankin

Defendant/respondent

Jennifer Quinn

Defendant/respondent

Michelle Sheppard

Defendant/respondent

Scott Simmie

Defendant/respondent

John Duncanson

Defendant/respondent

Betsy Powell

Defendant/respondent

Leslie Papp

Defendant/respondent

Greg Smith

Defendant/respondent

Andrea Hall

Defendant/respondent

Matthew Cole

Defendant/respondent

Jonathan Ferguson

Defendant/respondent

Procedural Posture

Defamation (civil) / Appeal From Motions Judge Decision

Legal Issues

  1. 1 Whether the Toronto Star articles were reasonably capable of referring to the plaintiffs individually
  2. 2 Whether it was plain and obvious that the plaintiffs could not succeed in a defamation action
  3. 3 Whether the "intensity of suspicion" test applies to identification in defamation

Ratio Decidendi

Because the articles used general language about systemic racism and did not name or identify particular officers, they were not reasonably capable of referring to the individual plaintiffs as 'racist' or engaging in 'racial profiling'; accordingly it was plain and obvious the plaintiffs could not succeed in defamation and the appeal is dismissed.

Court Disposition

Appeal dismissed; motions judge's decision and costs order affirmed.

Orders

  • Appeal dismissed
  • Plaintiffs' appeal of the motions judge's costs order dismissed