Coates v. The Citizen and Southam Inc. et al., (1986) 72 N.S.R.(2d) 116 (TD)

• Judge: Grant, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: January 10, 1986
• Jurisdiction: Nova Scotia
• Citations: (1986), 72 N.S.R.(2d) 116 (TD)

Coates v. The Citizen (1986), 72 N.S.R.(2d) 116 (TD);

              173 A.P.R. 116

MLB headnote and full text

Coates v. The Citizen, Southam Inc., Turner, MacDonald, Boyens, Riley and Robb

(1985 S.H. No. 51865)

Indexed As: Coates v. The Citizen and Southam Inc. et al.

Nova Scotia Supreme Court

Trial Division

Grant, J.

January 17, 1986.

Summary:

Coates sued the defendant newspaper, publisher and reporters for libel respecting newspaper stories written about him. The defendants refused to disclose their sources used to prepare the newspaper articles. Coates applied for an order directing the defendants to reveal their sources on examination for discovery. The Nova Scotia Supreme Court, Trial Division, allowed the application.

Civil Rights - Topic 2403

Freedom of the press - Scope of - The Nova Scotia Supreme Court, Trial Division, held that in Nova Scotia there is no journalistic privilege against disclosure of sources of information - The court held that the denial of journalistic privilege did not infringe the right to freedom of the press in s. 2(b) of the Canadian Charter of Rights and Freedoms - See paragraphs 39, 41 to 54.

Evidence - Topic 4191

Witnesses - Privilege - Communications to news media - General - The Nova Scotia Supreme Court, Trial Division, held that in Nova Scotia the law does not extend a privilege to journalists permitting them, in an examination for discovery, to refuse to disclose the sources of their information - The court held, however, that under certain circumstances a qualified privilege may exist - See paragraphs 39, 41 to 53.

Practice - Topic 4261

Discovery - Examination - Range of - Privileged topics or communications - To news media - The Nova Scotia Supreme Court, Trial Division, held that in Nova Scotia the law does not extend a privilege to journalists permitting them, in an examination for discovery, to refuse to disclose the sources of their information - The court held, however, that under certain circumstances a qualified privilege may exist -See paragraphs 39, 41 to 53.

Cases Noticed:

Imperial Oil Ltd. v. Nova Scotia Light & Power Co. Ltd. (1973), 15 N.S.R.(2d) 653; 14 A.P.R. 653; 41 D.L.R.(3d) 594, refd to. [para. 23].

Reid v. Telegram Publishing Co. Ltd. et al., [1961] O.R. 413, not folld. [para. 27].

McInnes v. University Students' Council of the University of Western Ontario et al., 14 D.L.R.(4th) 126, not folld. [para. 29].

McConachy v. Times Publishers Ltd. et al., 49 D.L.R.(2d) 349 (B.C.C.A.), appld. [para. 32].

Baxter v. Canadian Broadcasting Corporation and Malling (1978), 22 N.B. R.(2d) 307; 39 A.P.R. 307, consd. [para. 34].

Pacific Press Ltd. v. The Queen in the Right of the Attorney General of British Columbia, [1977] 5 W.W.R. 507, consd. [para. 36].

Descoteaux et al. v. Mierzwinski and Attorney General of Quebec et al. (1983), 44 N.R. 462; 70 C.C.C.(2d) 285 (S.C.C.), consd. [para. 37].

Democratic National Committee et al. v. McCord et al. (1973), 356 F. Supp. 1394, consd. [para. 42].

R. v. Big M. Drug Mart Ltd. et al., [1985] 1 S.C.R. 295; 58 N.R. 81; 60 A.R. 161, refd to. [para. 44].

Statutes Noticed:

Rules of Court (N.S.), Civil Procedure Rules, rule 18.09 [para. 20]; rule 18.12(4) [para. 21]; rule 18.16 [para. 55].

Canadian Charter of Rights and Freedoms, 1982, rule 2(b) [para. 41].

Authors and Works Noticed:

Sopinka, The Law of Evidence in Civil Cases, p. 215 [para. 33].

Counsel:

John E.S. Briggs and Ronald Mitton, for the plaintiff;

Robert C. Murrant and David G. Coles, for the defendants.

This application was heard before Grant, J., of the Nova Scotia Supreme Court, Trial Division, in Chambers, at Halifax, Nova Scotia on January 10, 1986. The decision of Grant, J., was delivered on January 17, 1986.