What is the definition of a defamatory statement?

British Columbia, Canada


The following excerpt is from Hobbs v Warner, 2019 BCSC 2196 (CanLII):

A defamatory statement is required to refer to - or be published of and concerning - the plaintiff. The question is considered from the perspective of the ordinary person. A statement that does not refer to a plaintiff by name will still meet this requirement if it may reasonably be found to refer to the plaintiff in light of the surrounding circumstances. A plaintiff must establish that the statement would lead reasonable people acquainted with the plaintiff to the conclusion that the statement refers to the plaintiff: Mainstream Canada v. Staniford, 2012 BCSC 1433 at paras. 124-125; rev’d on other grounds, 2013 BCCA 341.

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