What is the test for a defence to comply with the rule that a party must comply with by stating which of the words of the reports are statements of fact?
British Columbia, Canada
The following excerpt is from Vogel v. Canadian Broadcasting Corporation, 1981 CanLII 564 (BC SC):
It follows that the defendants can comply with the rule only by stating which of the words of the reports are statements of fact, and by then going on to state the facts and matters which they rely upon in support of the allegation that those words are true. As to the form of the reply, I adopt the language of T. A. Gresson J. in Stredwick v. Wiseman, [1966] N.Z.L.R. 263 at 264 (S.C.): "First, it should be recorded that the following words are statements of fact, and these should be set out seriatim and numbered. Then there should follow a second paragraph under the heading: 'The facts and matters relied on in support of the allegation that the words set out above are true, are as follows', and the facts and matters should then be set forth and numbered."
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