How have the courts treated innuendo at trial?
Ontario, Canada
The following excerpt is from Ross v. Lamport, 1955 CanLII 23 (ON CA):
Each innuendo is to be regarded as a separate allegation: Gatley on Libel and Slander, 4th ed. 1953, p. 135. When any innuendo has been improperly left to the jury by the trial judge there must be a new trial, because it is impossible to say what part of the damage awarded has been based upon the innuendo that should not have been submitted to them: Higgins v. Walkem (1889), 1889 CanLII 24 (SCC), 17 S.C.R. 225 at 233. Here there was nothing in the evidence to support some of the innuendoes pleaded by the plaintiff, but they were all submitted to the jury.
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