Does a letter that alleges second-hand smoke "falsely alleged secondhand smoke" have to be retried?
British Columbia, Canada
The following excerpt is from Young v. Lort, 2007 BCSC 1152 (CanLII):
The Court of Appeal, in Young v. Borzoni, 2007 BCCA 16, at paragraph 40, found the initial letter complained of by the plaintiffs in paragraph 47a of their amended statement of claim, to be "... but a courteous suggestion that the appellants allow smoke to disperse outside through windows or doors, rather than into the common hallways of the building". The court will not retry the plaintiffs' allegation that the letter "falsely alleged second-hand smoke".
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