What is the duty of a party pleading substantial justification in a libel case?

British Columbia, Canada


The following excerpt is from McVeigh v. McWilliam, 2010 BCSC 34 (CanLII):

Gatley on Libel and Slander, 3rd ed., at p. 170, on the authority of Edwards v. Bell (1824) 1 Bing 403, 130 ER 162, and subsequent cases, states the duty of the party pleading substantial justification thus: It is not necessary to prove the truth of every word of the libel. If the defendant succeeds in proving that ‘the main charge or gist of the libel’ is true, he need not justify statements or comments which do not add to the sting of the libel or introduce any matter by itself actionable. ‘It is sufficient if the substance of the libellous statement be justified; it is unnecessary to repeat every word which might have been the subject of the original comment. As much must be justified as meets the sting of the charge and if anything be contained in a charge which does not add to the sting of it, that need not be justified.’

Other Questions


Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
What is the test for justification in a libel case? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
What is the impact of Justice Griffin's comments in the context of the Court of Appeal's decision in the case of the unsuccessful party seeking special costs against the successful party? (British Columbia, Canada)
Can a party recover in restitution where another party has been unjustly enriched at that party's expense? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Is a defendant who pleads justification as a defence considered to have republished a libel and to have aggravated damages? (British Columbia, Canada)
What are some cases where a court has considered a party’s contributions to the calculation of the parties’ respective financial contributions in dividing the proceeds of sale? (British Columbia, Canada)
In a Workers’s Compensation Appeal Tribunal case, is there any case law that supports the argument that there is no case law in favour of a claim under the Employment Benefits Act? (British Columbia, Canada)
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.