Canada Case Law

Morton v. Union of BC Indian Chiefs

Court

Supreme Court of British Columbia

The UBCIC Letter was expression on a matter of public interest; plaintiff conceded substantial merit but failed to show the defendant had no valid defences — justification (substantial truth), fair comment, and qualified privilege each have real prospects of success; plaintiff failed to establish causation or harm sufficient to outweigh the high public interest in protecting the UBCIC's counter-speech; therefore the defamation claim is dismissed under PPPA s.4(2).

Source excerpt

• Protection of public participation act (pppa)
• Justification (truth)
• Fair comment
• Qualified privilege
• Public interest balancing
• Costs (s.7)

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Sandher Fruit Packers Ltd. v. MacAskill

Court

Supreme Court of British Columbia

The court struck the defendant’s response for repeated non-compliance, abuse of process, and breach of an injunction, and entered default judgment for the plaintiffs.

• Striking pleadings
• Default judgment
• Implied undertaking of confidentiality
• Protection of public participation act (pppa)
• Special costs
• Discovery non-compliance

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Ortt v. The Owners, Strata Plan NES 3039

Court

Supreme Court of British Columbia

Application under the PPPA to dismiss a defamation action was dismissed. The court held the impugned statements concerned a matter of public interest and the claim should proceed.

• Anti-slapp
• Protection of public participation act (pppa)
• Fair comment
• Qualified privilege
• Building scheme administration
• Reputational harm

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Kim v. Norton Rose Fulbright Canada LLP

Court

Supreme Court of British Columbia

The court dismissed a defamation action over a lawyer’s February 22 letter about Axion disputes, and adjourned a Rule 9-5 strike application under the PPPA.

• Absolute privilege
• Protection of public participation act (pppa)
• Rule 9-5 striking pleadings
• Oppression remedy
• Weighing public interest
• Costs

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Humanity for Horses Foundation v. Nessel

Court

Supreme Court of British Columbia

The court set aside the Master's refusal to adjourn a defamation trial, finding the interest of justice, fairness, and self-representation were not properly weighed.

• Adjournment of trial
• Self-represented litigant
• Prejudice balancing
• Fresh evidence
• Protection of public participation act (pppa)
• Adjournment-of-trial

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Durkin v. Marlan

Court

Supreme Court of British Columbia

The court dismissed Timothy Durkin’s defamation and privacy action under British Columbia’s anti-SLAPP law, finding the article addressed public interest and the journalism defence had real prospects.

• Protection of public participation act (pppa)
• Responsible journalism defence
• False‑light privacy
• Summary dismissal
• Costs (full indemnity)
• Anti-slapp

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Lang v. Neufeld

Court

Supreme Court of British Columbia

The court dismissed a petition seeking to declare a school trustee’s office vacant, holding the claim arose from public-interest expression but failed on merit because unreserved insurance coverage negated any pecuniary conflict.

• School trustee conflict of interest
• Protection of public participation act (pppa)
• Directors and officers / spp insurance coverage
• Human rights tribunal complaint
• Statutory remedy s.62-s.63 school act
• Anti-slapp

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Galloway v. A.B.

Court

Supreme Court of British Columbia

PPPA defamation reasons over statements alleging Steven Galloway raped or sexually assaulted A.B., with the court assessing merit, defences, and public interest.

• Protection of public participation act (pppa)
• Qualified privilege
• Fair comment
• Responsible communication
• Justification (truth)
• Limitation act discoverability

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Peterson v. Deck

Court

Supreme Court of British Columbia

A plastic surgeon succeeded in defamation against a former patient over online reviews alleging surgical mistakes and poor care, with damages and an injunction ordered.

• Publication
• Justification/truth
• Fair comment
• Qualified privilege
• Damages
• Jurisdiction

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Neufeld v. Hansman

Court

Supreme Court of British Columbia

BC Supreme Court granted a PPPA motion and dismissed a defamation action arising from public debate over SOGI 123 remarks.

• Slapp/anti‑slapp
• Protection of public participation act (pppa)
• Fair comment
• Qualified privilege
• Malice
• Balancing of public interest vs reputation

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