Simon's Legal Resources

Tort - Subjects Table of Contents (D-E)

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DAMAGES
Torts - Damages

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DEATH OF A PARTY
Torts - Death of Party

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DEFAMATION (Common Law)

Defamation cases involving matters of the 'public interest' will likely attract application of the 'SLAPP' (strategic lawsuits against public participation) CJA s.137.1 provisions (which see, below).

General
Torts - Defamation (+)
Torts - Defamation - 'Reputation'

Standing
Torts - Defamation - Standing

The Test for Negligence
Torts - Defamation - Test

Defences
Torts - Defamation - Defences - General
Torts - Defamation - Fair Comment (+)
Torts - Defamation - Qualified Privilege
Torts - Defamation - Absolute Privilege
Torts - Defamation - Justification [the Truth 'Sting'] (+)
Torts - Defamation - 'Responsible Communication on a Matter of Public Interest'
Torts - Defamation - Apology

Exception to Defence
Torts - Defamation - Malice
Torts - Malice

Types of Defamation
Torts - Defamation - Internet
Torts - Defamation - 'Insults'
Torts - Defamation - 'Counter-Speech'
Torts - Defamation - Complaints

Types of Defamation Defendants
Torts - Defamation - Unnamed Target
Torts - Defamation - Anonymous Declarant

Remedies
Torts - Defamation - Damages
Torts - Defamation - Injunctions

Practice
Torts - Defamation - Pleading Particulars

Appeal
Tort - Defamation - Appeal

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DEFAMATION (Libel and Slander Act)

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General

The Libel and Slander Act (L&SA) sets out - with some uncertainty - some statutory provisions that can apply to defamation law, though defamation is primarily a common law doctrine (see the immediately prior section). The biggest uncertainty is whether the L&SA applies to internet libel (see the next following 'libel' note).

Pleadings
Libel and Slander Act s.19 Averments (re pleadings)

Damages (Apologies)
Libel and Slander Act s.20 Apologies (damages)

Evidence
Libel and Slander Act s.21 Limitation on evidence of plaintiff’s character or circumstances of publication, exception for prior notice or leave

Defences
Torts - Defamation - L&SA - Justification
Libel and Slander Act s.22 Justification defence
Libel and Slander Act s.23-24 Fair Comment defence
Libel and Slander Act s.25 Application of qualified privilege (applicable where witnessed or reported by media or others)

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Libel

'Libel' is viewed as the publication of defamatory words, such as in a newspaper or a broadcast - which are directly addressed in the L&SA. However, IMHO there are substantial uncertainties regarding the application of the Libel and Slander Act (L&SA) to internet libel. The L&SA was designed for an age when newspapers and broadcasting where the main 'libel' media and the Act has not been substantially updated for this new age. Primary amongst these issues is whether the s.5-6 notice and limitation provisions apply to internet libel.

General
Torts - Defamation - Publication
Libel and Slander Act s.1(1) Definitions ["broadcasting"]
Libel and Slander Act s.1(1) Definitions ["newspaper"]
Libel and Slander Act s.1(2) Meaning of 'words' extended
Libel and Slander Act s.2 What constitutes libel

Privilege and Exceptions
Torts - Defamation - L&SA - Privilege
Libel and Slander Act s.3(1) Privileged Reports (wrt certain public proceedings); malice exception
Libel and Slander Act s.3(2) Privileged Reports (wrt certain lawful public interest meetings); malice exception
Libel and Slander Act s.3(3) Publicity Releases; malice exception
Libel and Slander Act s.3(4) Findings of certain associations re members; malice exception
Libel and Slander Act s.3(5) Libel privilege n/a to "blasphemous, seditious or indecent matter"
Libel and Slander Act s.3(6) Pre-existing privilege preserved
Libel and Slander Act s.3(7) Libel privilege n/a where plaintiff's explanation or contradiction refused
Libel and Slander Act s.4(1) Absolutely-privileged Reports (wrt certain judicial proceedings); exception where plaintiff's explanation or contradiction refused
Libel and Slander Act s.4(2) Absolutely-privileged Reports (wrt certain judicial proceedings); exception where "blasphemous, seditious or indecent matter"

Notice and Limitations
Torts - Defamation - L&SA - Notice and Limitations
Libel and Slander Act s.5(1) Notice of libel action (six weeks discoverability)
Libel and Slander Act s.5(3) Variation in retraction period where candidate for public office
Libel and Slander Act s.6 Limitation of action (three months discoverability, one year if repeat)
Libel and Slander Act s.7 Application of ss. 5 (1), 6 (to Ontario newspapers and broadcasts)
Libel and Slander Act s.8(1) Publication of name of publisher, etc. (required for notice and limitation to apply)
Libel and Slander Act s.8(3) Where ss. 5, 6 not to apply (address demand against broadcast owner)

Damages
Libel and Slander Act s.5(2) Where plaintiff to recover only actual damages
Libel and Slander Act s.5(3) Variation in retraction period where candidate for public office
Libel and Slander Act s.9(1) Newspaper libel, plea in mitigation of damages (where no malice or gross negligence, and apology)
Libel and Slander Act s.9(2) Broadcast libel, plea in mitigation of damages (where no malice or gross negligence, and apology)
Libel and Slander Act s.10 Evidence in mitigation of damages
Libel and Slander Act s.11(2-3) Assessment of damages and apportionment of damages and costs (where defendant joinder); exception for advertisement

Evidence
Libel and Slander Act s.8(2) Copy of newspaper to be admissible evidence

Joinder of Defendants
Libel and Slander Act s.11(1,3) Consolidation of different actions for same libel; exception for advertisement

Security for Costs
Libel and Slander Act s.12(1-3),13 Security for costs (Libel)

Jury Verdict
Libel and Slander Act s.14 Jury Verdicts

Agreements for Indemnity
Libel and Slander Act s.15 Agreements for indemnity legal

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Slander

Damages
Libel and Slander Act s.16 Slander affecting official, professional or business reputation (special damage not required)

Slander of Title
Libel and Slander Act s.17 Slander of title, etc. (where special damage not required)

Security for Costs
Libel and Slander Act s.18(1-2) Security for costs (Slander)

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DETINUE
Torts - Detinue

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