Scown v. Herald Publishing Co.

Scown v. Herald Publishing Co.

Majority held that s.15 was substantially complied with by the statement that the paper was "Published ... by The Herald Publishing Co." where the publisher and proprietor are the same entity, and that the address "Calgary, Canada" was sufficient for the statutory purpose; therefore the defendant was entitled to the Act's protections and the appeal was dismissed.

Citation
(1918) 56 SCR 305
Parties
Plaintiff/appellant: John H. Scown; Defendant/respondent: The Herald Publishing Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 March 1918
Procedural Posture
Tort Libel (defamation) / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta
Outcome
Appeal dismissed; Appellate Division judgment reversing the trial judgment affirmed.
Legal Topics
Libel, Newspaper Publication Requirements, Proprietor Vs. Publisher Liability, Statutory Notice/substantial Compliance
Source Language
English
Torts Defamation Media Law Statutory Interpretation Libel Newspaper Publication Requirements Proprietor Vs. Publisher Liability Statutory Notice/substantial Compliance

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Parties

John H. Scown

Plaintiff/appellant

The Herald Publishing Company

Defendant/respondent

Procedural Posture

Tort Libel (defamation) / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta

Legal Issues

  1. 1 Whether the statement "Published at Calgary, Canada, by The Herald Publishing Co. Limited" satisfied s.15 of the Alberta Libel and Slander Act requiring the name of the proprietor and publisher and address of publication.
  2. 2 Whether the address "Calgary, Canada" was sufficiently particular for s.15 purposes.

Ratio Decidendi

Majority held that s.15 was substantially complied with by the statement that the paper was "Published ... by The Herald Publishing Co." where the publisher and proprietor are the same entity, and that the address "Calgary, Canada" was sufficient for the statutory purpose; therefore the defendant was entitled to the Act's protections and the appeal was dismissed.

Court Disposition

Appeal dismissed; Appellate Division judgment reversing the trial judgment affirmed.

Orders

  • Appeal dismissed with costs.
  • Appellate Division judgment (38 D.L.R. 43) affirmed.