What is the test for establishing liability for third party defamatory material?

British Columbia, Canada


The following excerpt is from McKerracher v Neustater, 2022 BCSC 389 (CanLII):

I note that the test for establishing liability for third party defamatory material requires: (1) actual knowledge of the defamatory material posted by a third party; (2) a deliberate act that can include inaction in the face of actual knowledge; and (3) power and control over the defamatory content: Pritchard v. Van Nes, 2016 BCSC 686 at para. 108.

Other Questions


Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
Is a third party responsible for the costs of a plaintiff who alleges that one of the third parties has failed to draft specifications to clearly state that certain fireproofing is to be asbestos-free? (British Columbia, Canada)
Is a third party notice seeking contribution and indemnity from third party religious orders that were responsible for supervision and operation of residential schools? (British Columbia, Canada)
Can a vendor who is late in signing a contract with a third party who has been late in entering into the contract, take advantage of the other party's performance? (British Columbia, Canada)
What is the standard of liability for a publisher or broadcaster of defamatory material? (British Columbia, Canada)
Can a party recover in restitution where another party has been unjustly enriched at that party's expense? (British Columbia, Canada)
What is the liability of a solicitor to a third party for the improper or nonexecution of a will? (British Columbia, Canada)
Can a strata corporation add additional parties to its counterclaim and a third party claim? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
Can a party recover additional expert opinions from a third party? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.