Defamatory Meaning
Author | Roger McConchie; David Potts |
Profession | Member of the Bars of British Columbia and Alberta/Member of the Bar of Ontario |
Pages | 289-298 |
CHAPTER
FIFTEEN:
Defamatory
Meaning
A. A
GENERAL DEFINITION
Expression which tends
to
lower
a
person's reputation
in the
estimation
of
ordinary, reasonable members
of
society generally,
or to
expose
a
person
to
hatred, contempt,
or
ridicule,
is
defamatory.
Cherneskey
v.
Armadale
Publishers
at
1079.
Expression which would cause
a
plaintiff
to be
shunned
or
avoided
is
also
defamatory.
The
weight
of
authority appears
to
favour
the
view that such
allegations
are
defamatory even
if
there
is no
implication that
the
plaintiff
deserves blame
for his or her
condition.
Halls
v.
Mitchell
(1926),
59
O.L.R.
590
(C.A.).
Galley
on
Libel
and
Slander,
9th
ed., Patrick
Milmo
&
WVH.
Rogers, eds.
(London: Sweet
&
Maxwell, 1998)
at
22-23.
Youssoupoffv. Metro-Goldwyn-Mayer (1934), 50 T.L.R. 581 (U.K.C.A.).
Peters-Brown
v.
Regina
District
Health
Board,
[1996]
1
WWR.
337
(Sask.
Q.B.),
aff'd
(1996),
148
Sask.
R. 248
(C.A.).
But
see
Serdar
v.
Metroland
Printing,
Publishing
and
Distributing
Ltd.,
[2001]
OJ.
No.
1596
(S.C.J.).
B.
THE
"STING"
OF
DEFAMATORY EXPRESSION
The
case
authorities
often
refer
to the
"sting"
or
"bite"
or
"gist"
of the
defam-
atory meaning
of the
expression.
At the
outset
of a
defamation complaint,
a
plaintiff
or
defendant
who is
uncertain
whether
the
expression
conveys par-
ticular
stings
may
find
it
helpful
to
consult friends
and
acquaintances.
In
289
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