In what circumstances will a plaintiff not have to give evidence in a defamation case?
British Columbia, Canada
The following excerpt is from Robbins v. Pacific Newspaper Group Inc. et al., 2005 BCSC 1634 (CanLII):
Similarly, over one hundred years ago in Vidal v. Temperley (1899), 20 N.S.W.R. 223, Cohen J. observed at p. 227 that: ...dealing with the affairs of human life practically, and with our knowledge of human nature, we should not be astonished, where in an action of defamation a plaintiff abstains from going into the witness-box, so that the jury may judge, by his own testimony, of his reputation and how far, if at all, it has been injured by the alleged defamation that the jury, without weighing over nicely the question of libel of no libel, should determine not to give any damages for the alleged injury to that reputation.
"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
What is the case law on the re-opening of a plaintiff’s case in a civil case? (British Columbia, Canada)
In a defamation case, is a plaintiff entitled to general damages for defamation? (British Columbia, Canada)
Is there any case law where a plaintiff has been successful in an assessment where the evidence is imprecision? (British Columbia, Canada)
In what circumstances is a plaintiff entitled to rely on necessity in a sexual assault case? (British Columbia, Canada)
In what circumstances will a state's record of case be found deficient because it does not provide sufficient detail to support the reliability of identification evidence? (British Columbia, Canada)
What factors will be considered in assessing the credibility of a plaintiff's evidence in a civil case? (British Columbia, Canada)
How much evidence will be required by a plaintiff to prove their case on the issue of causation? (British Columbia, Canada)
Is a plaintiff required to lead expert evidence to overcome a no evidence motion? (British Columbia, Canada)
If a judge finds that a plaintiff has violated a plaintiff’s human rights in a civil case, does this rule apply? (British Columbia, Canada)
What is the case law on the validity of evidence in a medical malpractice case? (British Columbia, Canada)
