What is the test for leading evidence in a defamation case?
British Columbia, Canada
The following excerpt is from Jay v. Hollinger canadian Newspapers, 2002 BCSC 1840 (CanLII):
The defendants submit that in order to demonstrate the substantial truth of what was published, they must be able to lead evidence as to what actually happened. The plaintiff submits that on the pleadings and in the line of cases following Scott v. Sampson (1982) 8 Q.B.D. 491, the plaintiff has put something much narrower in issue and to permit the evidence the defendants now seek to lead, not to mention the evidence that is before the court so far, is to permit the defendants to prove something utterly different from the specific charge they published and for which the plaintiff has called them to answer.
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