Gazette Printing Co. v. Shallow

Gazette Printing Co. v. Shallow

Majority held that the publication of statements contained in a pleading filed in the course of a civil action is not privileged merely because they form part of a pleading; the privilege for reporting judicial proceedings is confined to fair and accurate reports of proceedings in open court (or where the court exercises jurisdiction openly), and pleadings filed in the prothonotary's office before being produced in open court are not per se publici juris and thus do not attract the reporting privilege.

Citation
(1909) 41 SCR 339
Parties
Defendant/appellant: Gazette Printing Co.; Plaintiff/respondent: Frank D. Shallow
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 February 1909
Procedural Posture
Libel (defamation) / Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec (judgment on Appeal)
Outcome
Appeal dismissed; judgment of the Court of King's Bench affirmed (plaintiff's action maintained)
Legal Topics
Privilege for Fair and Accurate Reports, Publication of Pleadings Filed in Court Office, Open Court Requirement, Public Interest Test, Malice and Good Faith
Source Language
English
Torts Defamation Press Law Procedural Law Privilege for Fair and Accurate Reports Publication of Pleadings Filed in Court Office Open Court Requirement Public Interest Test +1 more

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Parties

Gazette Printing Co.

Defendant/appellant

Frank D. Shallow

Plaintiff/respondent

Procedural Posture

Libel (defamation) / Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec (judgment on Appeal)

Legal Issues

  1. 1 Whether publication of statements contained in a pleading filed in the course of a civil action is privileged as a fair report of judicial proceedings
  2. 2 Whether pleadings filed in the prothonotary's office are public documents (publici juris) or private until produced in open court
  3. 3 Whether the privilege for reporting judicial proceedings extends to ex parte or non-open-court filings

Ratio Decidendi

Majority held that the publication of statements contained in a pleading filed in the course of a civil action is not privileged merely because they form part of a pleading; the privilege for reporting judicial proceedings is confined to fair and accurate reports of proceedings in open court (or where the court exercises jurisdiction openly), and pleadings filed in the prothonotary's office before being produced in open court are not per se publici juris and thus do not attract the reporting privilege.

Court Disposition

Appeal dismissed; judgment of the Court of King's Bench affirmed (plaintiff's action maintained)

Orders

  • Appeal dismissed with costs
  • Judgment for plaintiff affirmed; damages previously assessed at 250 (currency reflected in quantitativeData) and costs