Baxter v. Canadian Broadcasting Corp. and Malling, (1978) 22 N.B.R.(2d) 307 (QB)

• Judge: Barry, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: June 20, 1978
• Jurisdiction: New Brunswick
• Citations: (1978), 22 N.B.R.(2d) 307 (QB)

Baxter v. CBC (1978), 22 N.B.R.(2d) 307 (QB);

    22 R.N.-B.(2e) 307; 39 A.P.R. 307

MLB headnote and full text

Sommaire et texte intégral

Baxter v. Canadian Broadcasting Corporation and Malling

Indexed As: Baxter v. Canadian Broadcasting Corp. and Malling

Répertorié: Baxter v. Canadian Broadcasting Corp. and Malling

New Brunswick Court of Queen's Bench

Barry, J.

June 20, 1978.

Summary:

Résumé:

This case arose out of the plaintiff's application for an order that certain questions on examination for discovery were valid. The plaintiff brought an action against the defendant for damages for defamation in a television broadcast. On examination before discovery the defendant newsman refused to answer certain questions, because they would result in the revealing of his sources. The plaintiff brought an application for an order that the questions were valid and should be answered.

The New Brunswick Court of Queen's Bench, dismissed the application. The New Brunswick Court of Queen's Bench held that one of the questions was improper, because it required the disclosure of the names of the witnesses. The New Brunswick Court of Queen's Bench held that the other question was improper, because it required disclosure of the evidence which supported the facts relied on.

Evidence - Topic 4191

Witnesses - Privilege - Privileged communications - Communications to news media - The New Brunswick Court of Queen's Bench, stated that the source of a news reporter's information is not privileged - See paragraphs 11 to 12.

Practice - Topic 4253

Discovery - Range of examination - Names of witnesses - The New Brunswick Court of Queen's Bench, held improper a question to a newsman at an examination for discovery which required the disclosure of the names of witnesses, who were the newsman's sources - See paragraphs 18 to 22.

Practice - Topic 4255

Discovery - Range of examination - Evidence - The New Brunswick Court of Queen's Bench, held improper a question at an examination for discovery which required the disclosure of evidence which supported the facts relied on - See paragraph 20.

Cases Noticed:

Saint John Shipbuilding and Dry Dock Co. Limited v. Craig (1969), 1 N.B.R.(2d) 187, ref'd to. [para. 3].

Reid v. Telegram Publishing Co. Ltd. (1961), 28 D.L.R.(2d) 6, consd. [para. 12].

Wismer v. McLean-Hunter Publishing Co. Ltd. and Fraser (No. 2), [1954] 1 D.L.R. 501, dist. [para. 12].

McConachy v. Times Publishers Ltd. (1965), 49 D.L.R.(2d) 349, consd. [para. 12].

Central Trust Company of Canada v. New Brunswick Electric Power Commission, 9 N.B.R.(2d) 153; 1 A.P.R. 153, appld. [para. 20].

Counsel:

Donald M. Gillis, Q.C., and Richard Costello, for the plaintiff;

Thomas B. Drummie, Q.C., and Robert Jette, for the defendants.

This case was heard on April 18 and 19, 1978, at Saint John, N.B., in chambers before BARRY, J., of the New Brunswick Supreme Court, Queen's Bench Division.

On June 20, 1978, BARRY, J., delivered the following judgment: