Price v. Chicoutimi Pulp Co.

Price v. Chicoutimi Pulp Co.

The Supreme Court affirmed that the trial judge's directions on justification and fair comment were erroneous and misleading and that a new trial must be ordered; it held that where a libel is capable of conveying imputations calculated to injure a trading corporation in respect of its business the corporation can sue, but defendants must meet the correct legal tests for justification, privilege and fair comment.

Citation
(1915) 51 SCR 179
Parties
Appellant (defendant): William Price; Respondent (plaintiff): The Chicoutimi Pulp Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 March 1915
Procedural Posture
Libel (tort) / Appeal to Supreme Court of Canada (on Appeal From Court of King’s Bench, Quebec)
Outcome
Appeal dismissed; judgment of Court of King’s Bench affirming set aside of trial judgment and ordering new trial affirmed; cross-appeal dismissed.
Legal Topics
Libel, Justification, Fair Comment, Qualified Privilege, Jury Charge and Misdirection, Corporate Capacity to Sue, New Trial
Source Language
English
Torts Defamation Procedural Law Corporate Law Libel Justification Fair Comment Qualified Privilege +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

William Price

Appellant (defendant)

The Chicoutimi Pulp Company

Respondent (plaintiff)

Procedural Posture

Libel (tort) / Appeal to Supreme Court of Canada (on Appeal From Court of King’s Bench, Quebec)

Legal Issues

  1. 1 Whether defendant's publications were actionable imputations damaging a trading corporation's business reputation
  2. 2 Whether the trial judge misdirected the jury as to the defences of justification and fair comment
  3. 3 Whether the occasion was one of qualified privilege

Ratio Decidendi

The Supreme Court affirmed that the trial judge's directions on justification and fair comment were erroneous and misleading and that a new trial must be ordered; it held that where a libel is capable of conveying imputations calculated to injure a trading corporation in respect of its business the corporation can sue, but defendants must meet the correct legal tests for justification, privilege and fair comment.

Court Disposition

Appeal dismissed; judgment of Court of King’s Bench affirming set aside of trial judgment and ordering new trial affirmed; cross-appeal dismissed.

Orders

  • Judgment of Court of King’s Bench affirmed
  • New trial ordered