British Columbia, Canada
The following excerpt is from Brissette v. Cactus Club Cabaret Ltd., 2016 BCSC 459 (CanLII):
In an action for defamation, there are two essential issues: the first is one of law and requires a trial judge to determine whether or not the words complained of are capable of being defamatory. If they are not, then the action fails: Lawson v. Baines, 2012 BCCA 117, at para. 11.
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