Douglas v. Tucker

Douglas v. Tucker

Words imputing that a candidate was accused of fraud are capable of defamatory meaning; truth of the asserted fraud must be pleaded and proved to justify such imputations; the appellant lost any qualified elector privilege by publishing additional allegations beyond what was germane to a reply and by causing publication in a newspaper; a jury could find the appellant authorized publication via the reporter; the trial judge erred in treating the occasion as privileged and in admitting the January 24, 1930 document and the Statement of Claim into evidence — accordingly the Court of Appeal's order for a limited new trial is affirmed and the appeal is dismissed.

Citation
[1952] 1 SCR 275
Parties
Defendant/appellant: Thomas C. Douglas; Plaintiff/respondent: Walter A. Tucker
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
17 December 1951
Procedural Posture
Tort — Defamation (libel and Slander) Appeal to Supreme Court of Canada / On Appeal From the Court of Appeal for Saskatchewan (new Trial Ordered by Court of Appeal; Appeal to Supreme Court Dismissed)
Outcome
Appeal dismissed; order of Court of Appeal directing a new trial affirmed; costs awarded
Legal Topics
Libel, Slander, Qualified Privilege, Publication/publisher Liability, Justification/truth, Admissibility of Pleadings
Source Language
English
Torts Election Law Media Law Libel Slander Qualified Privilege Publication/publisher Liability Justification/truth +1 more

Case Brief

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Parties

Thomas C. Douglas

Defendant/appellant

Walter A. Tucker

Plaintiff/respondent

Procedural Posture

Tort — Defamation (libel and Slander) Appeal to Supreme Court of Canada / On Appeal From the Court of Appeal for Saskatchewan (new Trial Ordered by Court of Appeal; Appeal to Supreme Court Dismissed)

Legal Issues

  1. 1 Whether the words were capable of defamatory meaning
  2. 2 Whether defendant was legally responsible as publisher for newspaper report
  3. 3 Whether a plea of justification could succeed by proving only that others had alleged fraud

Ratio Decidendi

Words imputing that a candidate was accused of fraud are capable of defamatory meaning; truth of the asserted fraud must be pleaded and proved to justify such imputations; the appellant lost any qualified elector privilege by publishing additional allegations beyond what was germane to a reply and by causing publication in a newspaper; a jury could find the appellant authorized publication via the reporter; the trial judge erred in treating the occasion as privileged and in admitting the January 24, 1930 document and the Statement of Claim into evidence — accordingly the Court of Appeal's order for a limited new trial is affirmed and the appeal is dismissed.

Court Disposition

Appeal dismissed; order of Court of Appeal directing a new trial affirmed; costs awarded

Orders

  • Appeal dismissed with costs
  • Order of the Court of Appeal directing a new trial limited to specified issues affirmed