What is the legal test for defamatory content in a defamation case?
Saskatchewan, Canada
The following excerpt is from Bureau v. Campbell and Smith, 1928 CanLII 195 (SK CA):
In Whiteley v. Adams (1863) 15 C.B. (N.S.) 392, at 418, 33 L.J.C.P. 89, Erie, C.J., said: Judges who have had from time to time to deal with questions as to whether the occasion justified the speaking or writing of defamatory matter, have all felt great difficulty in defining what kind of social or moral duty or what amount of interest will afford a justification: but all are clear that it is a question for the judge to decide.
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