Earlier this year, the British Columbia Supreme Court allowed a plaintiff, Brian Burke, to serve his defamation claim via the message board on which the defamatory publications were posted. Service was thereafter effective on the defendants in the names of …Keep reading
In the recent case of Dhillon v. Jaffer, 2013 BCSC 1860, the Honourable Mr. Justice Melnick had an opportunity to review the case law on whether interest is recoverable on an award for damages in a defamation action. Justice Melnick …Keep reading
The recent Supreme Court of Canada decision of Breeden v. Black, 2012 SCC 19,  1 S.C.R. 666 has reaffirmed that the tort of defamation occurs where the defamatory comment is published (i.e. read by a third party), even when …Keep reading
On September 28, 2012, Madam Justice Adair dismissed an action in defamation by Mainstream Canada against the defendant Don Staniford carrying on business as The Global Alliance Against Industrial Aquaculture.
The plaintiff, Mainstream, is the second largest producer of farmed …Keep reading
In the recent judgment of William v. Kelowna (City) et al, 2012 BCSC 421, Mr. Justice Rogers dismissed an action in defamation and negligence against the City of Kelowna. The plaintiff, Ms. William, alleged that an employee of the …Keep reading
British Columbia Medical Association v. Aviva, 2011 BCSC 1399, decision rendered October 19, 2011
A plaintiff cannot circumvent a defendant’s insurance coverage for defamation by simply pleading that the publications were made with an intent to injure and with …Keep reading
The experience of the past ten years confirms that very large damages in defamation cases in British Columbia are relatively rare. We can count only five cases since 2001 in which the damage awards were $200,000 or higher.
In contrast …Keep reading
The limitation period to commence an action for defamation in British Columbia is two years from the time of the publication, regardless of when the plaintiff becomes aware of the libel or slander.
Unlike some other torts, a claimant in …Keep reading