What are the implications of a motion judge’s decision in a defamation case?

Ontario, Canada


The following excerpt is from Bai v. Sing Tao Daily Ltd., 2003 CanLII 24013 (ON CA):

I agree with the motions judge’s decision that these claims can only be properly addressed under the law of defamation. In pursuing their claim for defamation, the appellants also seek to create new causes of action. In Frame v. Smith (1987), 1987 CanLII 74 (SCC), 42 D.L.R. (4th) 81 (S.C.C.) at 114, LaForest J. warns of the danger inherent in this course, noting that novel and ill-defined causes of action, no matter how well intentioned, may cause more harm than the wrong they seek to address.

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