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The Supreme Court of British Columbia dismissed a motion to bifurcate a defamation trial, finding the UBC and Twitter defendant issues were too interwoven.
The motion judge correctly found the impugned email related to a private dispute, not to a matter of public interest, and his references to cross-examination material not before the court were harmless; there was no error in principle in declining to award costs to the self-represented respondent because he failed to demonstrate foregone remunerative activity and the presumption in s.137.1(8) supported no costs; appeal dismissed and leave to appeal costs denied.
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The court dismissed JFN’s application for intervenor status in a PPPA anti-SLAPP application, citing lateness, lack of independence, and limited usefulness.
The British Columbia Court of Appeal dismissed Barry Neufeld’s defamation appeal, upholding findings that his “strip-tease artist” remark was defamatory and rejecting justification, fair comment, and qualified privilege.
The court granted summary judgment in a defamation case, held the defendant liable for accusing the plaintiff of pedophilia, and ordered a permanent injunction.
Defamation action dismissed under s. 4 of the PPPA after the court found the article was a fair and accurate report of a judicial decision on a matter of public interest.
The Court dismissed the appeal, upholding the motion judge's refusal to dismiss the proceeding under s.137.1 CJA because 40 Days established grounds to believe the defamation and civil conspiracy claims had substantial merit and no valid defences, there was credible evidence of harm causally linked to the impugned expressions, and the public interest in allowing the proceeding to continue outweighed the comparatively low value of expression that sought to enlist others to disrupt 40 Days' operations; no reviewable error was shown.
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The court granted the Crown's motion because protecting juror anonymity was necessary and the proposed sealing/redaction order was narrowly tailored to minimally impair the open court principle; the salutary effects outweighed the limited deleterious impact, and procedural safeguards (notice and case management approval for future filings) were imposed to preserve the order's integrity.
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The Court of Appeal addressed multiple anti-SLAPP applications in a defamation action, upholding most rulings on defamatory meaning, fair comment, malice, and public interest weighing.
The defence failed to meet the onus under the Dagenais/Mentuck framework to show the release of redacted ITOs would create a real and substantial risk to trial fairness that could not be prevented by reasonable alternatives; Crown did not oppose disclosure of redacted materials; absent sufficient evidentiary foundation or special circumstances (sensational publicity), jury instructions and existing statutory safeguards provide reasonable alternative measures; therefore redacted ITOs, search warrants, and Reports to Justices must be released to the media for the specified matters and a publica…
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