Green v. Miller

The trial judge's directions were inadequate on the crucial point that falsity known to the defendant is evidence of malice that can defeat qualified privilege; because the plaintiff bore the burden of proving malice and the instructions could have influenced the verdict, a new trial was properly ordered and the appeal dismissing that order was refused.

Citation: (1901) 31 SCR 177
Parties: Appellant (defendant): Frederick W. Green; Respondent (plaintiff): Oliver S. Miller
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 18 March 1901
Procedural Posture: Libel (tort) / Appeal to Supreme Court of Canada From Supreme Court of Nova Scotia; Challenge to Order for New Trial
Outcome: Appeal dismissed; order of the Supreme Court of Nova Scotia directing a new trial affirmed.
Legal Topics: Privileged Communication, Malice, Charge to Jury, Evidence, Publication
Source Language: English

Torts Defamation Civil Procedure Privileged Communication Malice Charge to Jury Evidence Publication

Case Brief

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Full judgment text Legal principles 4 Authorities cited 18 Party arguments 2 Amounts and remedies 1

Parties

Frederick W. Green

Appellant (defendant)

Oliver S. Miller

Respondent (plaintiff)

Procedural Posture

Libel (tort) / Appeal to Supreme Court of Canada From Supreme Court of Nova Scotia; Challenge to Order for New Trial

Legal Issues

1 Whether the letter was a privileged communication
2 Whether malice existed to rebut qualified privilege
3 Whether trial judge misdirected the jury on malice and falsity known to the defendant

Ratio Decidendi

Court Disposition

Appeal dismissed; order of the Supreme Court of Nova Scotia directing a new trial affirmed.

Orders

Appeal dismissed with costs.
New trial ordered (order of Supreme Court of Nova Scotia affirmed).