What is the test for defence of justification in a defamation case?
British Columbia, Canada
The following excerpt is from Lapointe v. Summach, 2001 BCSC 805 (CanLII):
The onus of proving a defence of justification, or that otherwise defamatory words were true in fact and substance, is on the defendant, on a balance of probabilities: Taylor-Wright v. CHBC-TV, [1999] B.C.J. No. 334 (S.C.) at paras. 28 and 32.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the defence of justification in a defamation case? (British Columbia, Canada)
What is the legal test required to prove a defence of justification in a defamation case? (British Columbia, Canada)
What is the standard of proof for a defence of justification in a defamation case? (British Columbia, Canada)
How does the defence of a defamation defence rely on the sting of the impugned statement? (British Columbia, Canada)
What is the defence of justification in a defamation action? (British Columbia, Canada)
What is the defence of fair comment in the context of defamation cases? (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)
What is the current state of the law on the defence of defence in a murder case? (British Columbia, Canada)
Is there a new trial for the defence in the case of a man who was found not guilty of assault but found guilty of the charge on self-defence? (British Columbia, Canada)
What is the range of damages for defamation damages in defamation cases? (British Columbia, Canada)
