Can the defence of justification succeed in relation to the use of the term "Ponzi scheme"?

British Columbia, Canada


The following excerpt is from Gant v. Berube, 2013 BCSC 1721 (CanLII):

In these circumstances, and on this basis, I am unable to say that the defence of justification cannot possibly succeed in relation to the use of the term “Ponzi scheme”. Although I think that its success is improbable, I cannot say that it is impossible: see, for instance, Nazerali v. Mitchell, 2011 BCSC 1846 at para. 12.

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