What constitutes a comment or opinion in a judgment?
New Brunswick, Canada
The following excerpt is from Ross v. Beutel, 2001 NBCA 62 (CanLII):
A comment has been defined as "the subjective expression of opinion in the form of a deduction, inference, conclusion, criticism, judgment, remark or observation which is generally incapable of proof." (Law of Defamation in Canada, supra, at p. 15-2). Another description of comment or opinion which has been appearing in more recent judgments and which, in my view, accurately describes what constitutes comment is "value judgment" (see Reynolds v. Times Newspapers, supra).
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