What is the test for a defamation claim against the remaining Sunshine Coast Defendants?

British Columbia, Canada


The following excerpt is from M.L.D. v. British Columbia (Ministry of Children and Family Dev.), 2014 BCSC 1104 (CanLII):

With regard to the potential defamation claim against the remaining Sunshine Coast Defendants, the test for proving a claim in defamation is set out in the decision of Grant v. Torstar Corp., 2009 SCC 61 at para. 28, which reads as follows: A plaintiff in a defamation action is required to prove three things to obtain judgment and an award of damages: (1) that the impugned words were defamatory, in the sense that they would tend to lower the plaintiff’s reputation in the eyes of a reasonable person; (2) that the words in fact referred to the plaintiff; and (3) that the words were published, meaning that they were communicated to at least one person other than the plaintiff. If these elements are established on a balance of probabilities, falsity and damage are presumed, though this rule has been subject to strong criticism: ...

Other Questions


Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
How have courts dealt with claims of defamation, defamation and misfeasance in public office? (British Columbia, Canada)
What is the case law in favour of striking defamation claims against two defendants? (British Columbia, Canada)
What is the test for defaming a defamer to be found guilty of defamation? (British Columbia, Canada)
What is the basis for a claim for breach of contract where the applicant does not use the word "honestness" in his statement of claim? (British Columbia, Canada)
Is a defendant required to acknowledge that they have defamed a person simply because they have made an error in description? (British Columbia, Canada)
What is the standard of care of a defendant in a personal injury claim? (British Columbia, Canada)
How have the courts interpreted a Notice of Claim that is 49 pages, including 191 paragraphs and named 49 defendants? (British Columbia, Canada)
Can a defendant be liable for causing nervous shock and physical injury to a plaintiff by falsely claiming that her husband had been injured in an accident? (British Columbia, Canada)
Can a plaintiff pursue a claim for damages against a defendant who has already recovered his losses? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.