In what circumstances have courts considered privacy as a Charter value in the common law tort of defamation?

British Columbia, Canada


The following excerpt is from Elsner v. British Columbia (Police Complaint Commissioner), 2016 BCSC 1914 (CanLII):

In Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 S.C.R. 1130 at para. 121, Mr. Justice Cory observed that the right to privacy has been accorded constitutional protection and should be considered as a Charter value in the development of the common law tort of defamation.

Other Questions


In what circumstances will the Supreme Court in BCSC 871 interpret the principles of the Court of Appeal in the context of the Canadian Court of Justice's decision on the doctrine of common law? (British Columbia, Canada)
In what circumstances will the Court of Appeal in New South Wales consider whether an Australian court made a mistake in applying the relevant law? (British Columbia, Canada)
In a personal injury case, in what circumstances will the court order that common sense be considered as a factor in determining future care costs? (British Columbia, Canada)
In what circumstances will a civil court require a higher degree of probability than it would require for a criminal court to consider whether negligence was established? (British Columbia, Canada)
Is an extradition court a court of competent jurisdiction pursuant to s. 24 of the Charter and has the jurisdiction to grant Charter remedies? (British Columbia, Canada)
In a BC Supreme Court case, in what circumstances will the court consider success versus loss of custody? (British Columbia, Canada)
In what circumstances will the Court consider any new or additional material that counsel have submitted to the Court? (British Columbia, Canada)
What factors will be considered by the courts when determining whether a plaintiff would be entitled to a general rule of common law common law costs under s. 3 of the Rules of Civil Procedure? (British Columbia, Canada)
In what circumstances will the Court of Appeal in the Supreme Court consider 4 costs considerations? (British Columbia, Canada)
In what circumstances will the court consider the cause of the change in value of a party's shares? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.