Tran v. Le

Tran v. Le

The deposition transcript was too uncertain, confused, and equivocal to establish the absolute defence of truth without weighing evidence; because the summary judge effectively weighed that transcript and found no triable issue, the judge erred and the appeal is allowed, with the matter remitted for further proceedings.

Citation
2017 BCCA 222
Parties
Appellant (plaintiff): Alyssa Mai Phuong Tran; Respondent (defendant): Hai Van Le
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
31 May 2017
Procedural Posture
Defamation / Appeal From Summary Judgment (rule 9 6)
Outcome
Appeal allowed; order below set aside; matter remitted to the Supreme Court of British Columbia
Legal Topics
Summary Judgment, Absolute Defence of Truth, Deposition Evidence, Admissibility, Triable Issue
Source Language
English
Defamation Civil Procedure Evidence Summary Judgment Absolute Defence of Truth Deposition Evidence Admissibility Triable Issue

Case Brief

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Parties

Alyssa Mai Phuong Tran

Appellant (plaintiff)

Hai Van Le

Respondent (defendant)

Procedural Posture

Defamation / Appeal From Summary Judgment (rule 9 6)

Legal Issues

  1. 1 Whether summary judgment was appropriate under Rule 9-6
  2. 2 Whether the deposition transcript established the absolute defence of truth without weighing the evidence
  3. 3 Whether the deposition transcript was admissible and sufficiently reliable

Ratio Decidendi

The deposition transcript was too uncertain, confused, and equivocal to establish the absolute defence of truth without weighing evidence; because the summary judge effectively weighed that transcript and found no triable issue, the judge erred and the appeal is allowed, with the matter remitted for further proceedings.

Court Disposition

Appeal allowed; order below set aside; matter remitted to the Supreme Court of British Columbia

Orders

  • Appeal allowed
  • Order of summary judgment set aside