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The court dismissed a defamation claim under British Columbia’s anti-SLAPP law, found the defendant’s podcast related to public interest, and awarded full indemnity costs.
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 defendant was liable for defamation for the Facebook posts in November 2016 because those posts clearly identified the plaintiff, made false factual assertions (no pillowcase was placed over the patient's face; a towel draped a few inches from the face was used), the defendant failed to establish justification on the balance of probabilities, and the fair comment defence failed because it was based on untrue or distorted facts; general damages of $60,000 were awarded and no loss of income damages were granted.
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British Columbia Supreme Court judgment on libel, easement obstruction and nuisance claims arising from neighbour disputes in Lions Bay.
The court found Robin Bennett liable for defaming Paul Sanderson in an oral remark and a 2017 email, rejected qualified privilege and justification, and awarded $85,000 general damages.
The court exercised its discretion to refuse most of the motions to strike as premature; it admitted the Corrected Fraser Affidavit and the defendant’s rebuttal affidavits except for limited passages found unreliable or argumentative. The judge held that broad contextual evidence and rebuttal were within scope given the plaintiffs’ extensive allegations and that core legal questions about sting, defences and consent must be decided at the summary judgment hearing rather than on piecemeal striking of evidence.
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The court held that Barry Neufeld defamed Carin Bondar by calling her a “strip-tease artist” in an election interview, rejecting justification, fair comment, and qualified privilege.
The court dismissed a defamation action under British Columbia’s Protection of Public Participation Act, finding most statements were protected public-interest expression with valid defences.
The court dismissed a defamation action against Vancouver Mayor Kennedy Stewart under the PPPA, finding the press release addressed a matter of public interest and defences were available.
The appeals are dismissed because the motion judge correctly applied the s.137.1 framework and his conclusions that defendants met their initial onus, that plaintiffs failed to show no valid defence (notably responsible journalism was available to Al Jazeera) and failed to lead evidence of harm sufficient to outweigh the public interest in expression were entitled to deference; however the motion judge provided insufficient reasons for departing from the statutory presumption of full indemnity costs so the cross-appeals on costs succeed and full indemnity costs are awarded to the respondents…
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