What is the test for justification in a libel case?
British Columbia, Canada
The following excerpt is from Fletcher-Gordon v. Southam Inc., 1997 CanLII 3822 (BC SC):
Arnold v. Bottomley [1908] 2 K.B. 151 established that the defendant to an action for libel who pleads justification must state in his defence or particulars of justification the specific facts or instances upon which he relies in order to prove his plea and he can obtain inspection of the plaintiffs books or documents only in respect of those specific facts or instances. The reason for this is that it would be unfair that a person libelling another could then gain access to the personal records of the other to see whether he could justify the libel or not.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a Workers’s Compensation Appeal Tribunal case, is there any case law that supports the argument that there is no case law in favour of a claim under the Employment Benefits Act? (British Columbia, Canada)
What is the case law on the re-opening of a plaintiff’s case in a civil case? (British Columbia, Canada)
What is the duty of a party pleading substantial justification in a libel case? (British Columbia, Canada)
Is there a moot case or moot case? (British Columbia, Canada)
What is the case law in favour of the Court of Appeal in the case of the Supreme Court of Canada's most senior judge in the matter of personal injury? (British Columbia, Canada)
Is there any case law or case law in which an appeal from a decision refusing approval of an infant settlement is successful? (British Columbia, Canada)
What is the test for assessing damages in libel cases? (British Columbia, Canada)
Is there any case law or case law supporting the use of historical income figures for purposes of determining the value of individual income? (British Columbia, Canada)
Is a defendant who pleads justification as a defence considered to have republished a libel and to have aggravated damages? (British Columbia, Canada)
What is the legal test required to prove a defence of justification in a defamation case? (British Columbia, Canada)
