Siddiqui v. Canadian Broadcasting Corporation

Siddiqui v. Canadian Broadcasting Corporation

The June 9, 1995 letter to the CBC and Ms. Dyer was too general and failed to specify the alleged libellous matter as required by s.5(1), and written notice must be served before commencement of the action; notices served after issuance of the statement of claim therefore failed to satisfy s.5(1) and bar the action...

Source-derived case information.

Citation
C33725
Parties
Plaintiff (appellant by Cross Appeal): Salma Siddiqui; Defendant (appellant): Canadian Broadcasting Corporation; Defendant (appellant): Trish Dyer; Defendant (respondent): Peter Van Dusen; Defendant (respondent): David Melvill; Defendant (respondent): Hector Almendrades; Defendant (respondent): Monique Doré; Defendant (respondent): Bytown Travel Limited
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
4 October 2000
Procedural Posture
Civil (defamation/libel) / Court of Appeal Decision on Appeal and Cross Appeal From Motion to Dismiss
Outcome
Appeal allowed in part; motion to dismiss granted as to Canadian Broadcasting Corporation and Trish Dyer; cross-appeal dismissed; action dismissed against other defendants for failure to comply with s.5(1); no costs ordered.
Legal Topics
Notice Requirements, Libel and Slander Act S.5(1), Service of Process, Dismissal for Non Compliance
Source Language
english
Defamation Civil Procedure Media Law Notice Requirements Libel and Slander Act S.5(1) Service of Process Dismissal for Non Compliance

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Parties

Salma Siddiqui

Plaintiff (appellant by Cross Appeal)

Canadian Broadcasting Corporation

Defendant (appellant)

Trish Dyer

Defendant (appellant)

Peter Van Dusen

Defendant (respondent)

David Melvill

Defendant (respondent)

Hector Almendrades

Defendant (respondent)

Monique Doré

Defendant (respondent)

Bytown Travel Limited

Defendant (respondent)

Procedural Posture

Civil (defamation/libel) / Court of Appeal Decision on Appeal and Cross Appeal From Motion to Dismiss

Legal Issues

  1. 1 Whether s.5(1) Libel and Slander Act notice requirement was complied with (timeliness and specificity)
  2. 2 Whether notice was served prior to commencement of action as required by s.5(1)
  3. 3 Whether service method complied with Rules of Civil Procedure

Ratio Decidendi

The June 9, 1995 letter to the CBC and Ms. Dyer was too general and failed to specify the alleged libellous matter as required by s.5(1), and written notice must be served before commencement of the action; notices served after issuance of the statement of claim therefore failed to satisfy s.5(1) and bar the action against those defendants.

Court Disposition

Appeal allowed in part; motion to dismiss granted as to Canadian Broadcasting Corporation and Trish Dyer; cross-appeal dismissed; action dismissed against other defendants for failure to comply with s.5(1); no costs ordered.

Orders

  • Appeal allowed; order of Justice Panet dismissing motion to dismiss as to CBC and Trish Dyer set aside
  • Dismissal of action against Canadian Broadcasting Corporation and Trish Dyer for failure to comply with s.5(1) of the Libel and Slander Act