Macdonald v. Canadian Broadcasting Corporation

Macdonald v. Canadian Broadcasting Corporation

The appeal was dismissed because the plaintiff failed to discharge the onus of proving compliance with s.5(1) of the Libel and Slander Act; reasonable knowledge of the libel in May 1996 triggered the six-week notice obligation and the plaintiff's lack of diligence meant the action was statute-barred.

Citation
2011 ONCA 652
Parties
Plaintiff (appellant): Ian Verner Macdonald; Defendant (respondent): Canadian Broadcasting Corporation; Defendant (respondent): Warren Kinsella
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
19 October 2011
Procedural Posture
Civil / Appeal From Superior Court of Justice (court of Appeal Decision)
Outcome
Appeal dismissed.
Legal Topics
Libel, Slander Act S.5(1) Notice Requirement, Statute Barred Actions, Costs
Source Language
English
Defamation Civil Procedure Limitation of Actions Libel Slander Act S.5(1) Notice Requirement Statute Barred Actions Costs

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Parties

Ian Verner Macdonald

Plaintiff (appellant)

Canadian Broadcasting Corporation

Defendant (respondent)

Warren Kinsella

Defendant (respondent)

Procedural Posture

Civil / Appeal From Superior Court of Justice (court of Appeal Decision)

Legal Issues

  1. 1 Whether the action was statute-barred under s.5(1) of the Libel and Slander Act
  2. 2 Whether the plaintiff provided the statutory notice within six weeks of knowing of the libel
  3. 3 Whether the plaintiff acted with due diligence once he became aware of the gist of the broadcast

Ratio Decidendi

The appeal was dismissed because the plaintiff failed to discharge the onus of proving compliance with s.5(1) of the Libel and Slander Act; reasonable knowledge of the libel in May 1996 triggered the six-week notice obligation and the plaintiff's lack of diligence meant the action was statute-barred.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed.
  • Costs awarded to respondents in the amount of $25,000, all inclusive.