What is the test for defamatory sense?

British Columbia, Canada


The following excerpt is from Northwest Organics, Limited Partnership v Roest, 2018 BCSC 866 (CanLII):

Judicial determination of whether statements cross the line from legitimate expressions of disagreement, objection or protest into tortious conduct must be based on the context in which the statements were made. It is well established that the assessment of defamatory sense imports considerations of reasonableness, common sense, and objectivity. Assessing whether something crosses the line into causing feelings of disesteem among right-thinking members of society is based on the reasonable thoughtful and informed person, not someone “naturally inclined to attribute the best or worst meaning to words”: Weaver v. Ball at para. 48.

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