Canada Case Law

Arabiboushehri v. Malekpour

Court

Supreme Court of British Columbia

Although the impugned Video related to a matter of public interest, the plaintiffs met the s.4(2) PPPA threshold by establishing grounds to believe their defamation claim has substantial merit and that the defendants have no valid defence given material omissions, lack of investigative diligence, and evidence supporting malice (attempted quid pro quo, failure to contact head office, reposting after injunction); on balance the public interest favors allowing the claim to proceed, therefore the s.4 dismissal application is dismissed.

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• Protection of public participation
• Responsible communication
• Justification (truth)
• Fair comment
• Qualified privilege
• Malice

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Bonnis v. Clark

Court

Supreme Court of British Columbia

On the balance of probabilities the plaintiff lacked capacity to consent to the sexual activity due to intoxication (alcohol induced anterograde amnesia), but the defendant honestly and reasonably believed she was consenting; consequently the defendant established the reasonable belief defence and is not liable in civil sexual battery. Statements by the plaintiff that the defendant touched her sexually without consent are substantially true (truth defence), statements asserting he had sex with her while she was unconscious were not true but were protected by qualified privilege in the context…

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• Consent
• Capacity to consent
• Intoxication and blackouts
• Reasonable belief in consent
• Qualified privilege
• Truth defence

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Megory Holdings Inc. v. ABZ Falling Inc.

Court

Supreme Court of British Columbia

The court found Beck breached post-closing contractual duties and that his conduct was attributable to Megory. ABZ recovered damages; the defamation claim failed.

• Share purchase agreement
• Non-competition agreement
• Fiduciary duty of key employees
• Corporate attribution (directing mind)
• Promissory note enforcement
• Defamation and qualified privilege

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Vestergaard v. Destiny Media Technologies Inc.

Court

Supreme Court of British Columbia

The court dismissed Steven Vestergaard’s claims for wrongful dismissal, civil conspiracy, and defamation, finding just cause for termination and no proven publication.

• Wrongful dismissal
• Just cause
• Fiduciary duty
• Insubordination
• Civil conspiracy
• Defamation

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Kovach-Durham v. Ampong

Court

Supreme Court of British Columbia

The court dismissed the plaintiff’s assault, battery and defamation claims, found no vicarious liability, and ordered removal of related social media posts.

• Assault and battery
• Defamation (publication, justification)
• Vicarious liability (employer/independent contractor)
• Pleadings compliance
• Remedies (injunction, removal of online content)
• Costs

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Salloum v. Oyen Wiggs Green and Mutala LLP

Court

Supreme Court of British Columbia

The Court struck most pleadings in three related actions against former counsel, allowed one amended negligence-based claim to proceed, and dismissed joinder and consolidation applications.

• Rule 9-5 sccr striking pleadings
• Negligence against former counsel
• Misappropriation of trust funds
• Unjust enrichment
• Absolute privilege for judicial proceedings
• Champerty and maintenance

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James Bay Resources Limited v. Mak Mera Nigeria Limited

Court

Court of Appeal for Ontario

The trial judge erred in treating unconditional monetary compensation in the parties' agreements as contingent and in implying repayment obligations contrary to the clear contract language; absent admissible evidence of reputational or economic harm, the defamed corporation was only entitled to nominal damages. The appeal is allowed in part: the $200,000 award is reduced to $1,000, repayment order and costs order are set aside, and appellants awarded specified appeal costs.

Source excerpt

• Contract interpretation
• Implied terms
• Repayment of advances
• Corporate defamation damages
• Nominal damages
• Standard of review

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Clex Solutions Ltd. v. Gust

Court

Supreme Court of British Columbia

The court found an oral contract for a demo website, rejected most contract claims, held Gust liable in conversion and fiduciary breach, and found Buckley negligent.

• Breach of contract
• Conversion
• Detinue
• Breach of fiduciary duty (ad hoc)
• Unauthorized access to computer systems
• Website redirection/sabotage

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DLF Law Practice Incorporated v. McDonald

Court

Supreme Court of Nova Scotia

The court struck specified paragraphs identified in Schedule A as scandalous or non-compliant with pleading rules; held that conspiracy allegations in the consolidated Statement of Claim lack requisite particulars and are struck but granted leave to amend with a new separate section providing full particulars (identifying conspirators, dates, agreements, overt acts and particularized losses) without incorporation by reference; held that defamation allegations lack necessary particularity (exact words/publication particulars) and are struck but plaintiffs granted leave to amend; refused to str…

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• Pleadings
• Scandalous pleadings
• Particulars
• Conspiracy
• Defamation
• Abuse of process

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Four Top Hospitality Group Ltd. v. Olde Towne Developments Ltd.

Court

Supreme Court of British Columbia

Trial judgment in a commercial lease dispute over default notice, lease termination, tort claims, and defamation arising from a Victoria restaurant tenancy.

• Lease termination
• Notice of default and particularity
• Interpretation of lease covenants (use and hours)
• Duty of honest performance (bhasin)
• Unlawful means tort
• Inducing breach of contract

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