What is the evidentiary record required to make out a duty of care in a defamation action?
Ontario, Canada
The following excerpt is from Shtaif v. Toronto Life Publishing Co. Ltd., 2013 ONCA 405 (CanLII):
Indeed, the facts in Young v. Bella show the kind of evidentiary record required to make out a duty of care. The plaintiff was a university student. She sued the university, one of her professors, and others in negligence for making false remarks about her. The defendants argued that her action was in substance a claim for damages for loss of reputation, which could only be asserted in a defamation action.
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