Gauthier v. Jeannotte

Gauthier v. Jeannotte

By majority the Supreme Court dismissed the appellant's appeal, upholding the decision that the published charges in the electoral context were not actionable in the circumstances (including the public setting and the printed challenge/offering), and declined to award costs.

Source-derived case information.

Citation
(1898) 28 SCR 590
Parties
Appellant / Plaintiff: Gauthier; Respondent / Defendant: Jeannotte
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
14 June 1898
Procedural Posture
Defamation (libel and Slander) in Electoral Context / Appeal to Supreme Court of Canada From Quebec Court of Queen's Bench
Outcome
Appeal dismissed without costs
Legal Topics
Privileged Statements, Justification (truth), Public Interest, Challenges and Offers to Litigate, Costs
Source Language
english
Torts Defamation Election Law Political Speech Privileged Statements Justification (truth) Public Interest Challenges and Offers to Litigate +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Gauthier

Appellant / Plaintiff

Jeannotte

Respondent / Defendant

Procedural Posture

Defamation (libel and Slander) in Electoral Context / Appeal to Supreme Court of Canada From Quebec Court of Queen's Bench

Legal Issues

  1. 1 Whether statements charging a political candidate with having been bribed are privileged
  2. 2 Whether publishing the charge with a public challenge and an offer to deposit costs constitutes justification or privilege
  3. 3 Whether the plaintiff's libel/slander action should succeed and whether costs should be awarded

Ratio Decidendi

By majority the Supreme Court dismissed the appellant's appeal, upholding the decision that the published charges in the electoral context were not actionable in the circumstances (including the public setting and the printed challenge/offering), and declined to award costs.

Court Disposition

Appeal dismissed without costs

Orders

  • Appeal dismissed without costs