What is the test for identifying a defamatory article?

Ontario, Canada


The following excerpt is from Rupic v. Toronto Star Newspapers Limited, 2009 CanLII 500 (ON SC):

Counsel for the plaintiffs points out that the fact that an ordinary member of the public reads a defamatory article and is unable to identify the plaintiff will not save the defendant if a limited audience could make that identification. This has been established in: It must often happen that a defamatory statement published at large does not identify any particular person and that an ordinary member of the public who reads it in its context cannot tell who is referred to. But readers with special knowledge can and do read it as referring to a particular person. (Morgan v. Odhams Press Ltd. and another, [1971] 2 All E.R. 1156, at p. 1159) This has been enlarged upon: It is not necessary to show that everyone to whom the words were published would understand that the plaintiff was the one to whom it referred., if those who know the plaintiff would reasonably understand that it referred to him or her, or if reasonable persons who are aware of facts and circumstances extrinsic to the defamatory words would conclude that the plaintiff is the person to whom the words referred. Nor will the fact that those intimately acquainted with the plaintiff would conclude that he was not the one referred to, if those who knew him less intimately would. (The Law of Defamation in Canada, (Second Edition) Volume 1, supra, pp. 6-39)

Other Questions


Is a plaintiff permitted to amend or amend an articling student’s affidavit? (Ontario, Canada)
What is the test for identifying a defendant's facial features? (Ontario, Canada)
What is the definition of a defamatory word? (Ontario, Canada)
Is there a case where a defendant called a phone-in show defamatory comments during the broadcast of the show entitled to sue the broadcaster? (Ontario, Canada)
What is the test for identifying a group characteristic in respect of the complainant? (Ontario, Canada)
What is the credibility of a party seeking to return a child under the Article 13 (b) exception? (Ontario, Canada)
What is the current state of the law on disclosing identifying information of HIV/AIDS patients who donated blood to a plaintiff? (Ontario, Canada)
How to identify a fiduciary relationship? (Ontario, Canada)
What areas of incompetence of counsel have been identified by the Court of Appeal in the context of a sexual assault case? (Ontario, Canada)
What is the test for identifying a "personal characteristic" giving rise to discrimination in an equality claim? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.