Netupsky v. Craig

Netupsky v. Craig

The Supreme Court dismissed the appeal because the defendants' letter was made on an occasion of qualified privilege and the plaintiff failed to produce extrinsic or intrinsic evidence of malice sufficient to rebut the presumption of good faith.

Citation
[1973] SCR 55
Parties
Plaintiff/appellant: Boris Netupsky; Plaintiff/appellant: Netupsky Engineering Company Limited; Defendant/respondent: James B. Craig; Defendant/respondent: Michael W. Kohler
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 June 1972
Procedural Posture
Defamation (libel) / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed; Court of Appeal decision upholding defendants' qualified privilege and dismissing libel claim restored
Legal Topics
Qualified Privilege, Malice, Burden of Proof, Defamation Procedure
Source Language
English
Torts Defamation Professional Liability Qualified Privilege Malice Burden of Proof Defamation Procedure

Case Brief

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Parties

Boris Netupsky

Plaintiff/appellant

Netupsky Engineering Company Limited

Plaintiff/appellant

James B. Craig

Defendant/respondent

Michael W. Kohler

Defendant/respondent

Procedural Posture

Defamation (libel) / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether the defendants' letter was protected by qualified privilege
  2. 2 Whether there was extrinsic or intrinsic evidence of malice to rebut the privilege
  3. 3 Proper allocation of burden of proof regarding malice in a privileged occasion

Ratio Decidendi

The Supreme Court dismissed the appeal because the defendants' letter was made on an occasion of qualified privilege and the plaintiff failed to produce extrinsic or intrinsic evidence of malice sufficient to rebut the presumption of good faith.

Court Disposition

Appeal dismissed; Court of Appeal decision upholding defendants' qualified privilege and dismissing libel claim restored

Orders

  • Appeal dismissed with costs
  • Plaintiff's libel claim dismissed and no damages awarded