Kent v. Postmedia Network Inc. et al., 2015 ABQB 461
Judge | Campbell, J. |
Court | Court of Queen's Bench of Alberta (Canada) |
Case Date | May 25, 2015 |
Citations | 2015 ABQB 461;[2015] A.R. TBEd. JL.106 |
Kent v. Postmedia Network Inc., [2015] A.R. TBEd. JL.106
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Currently being edited for A.R. - judgment temporarily in rough form.
Temp. Cite: [2015] A.R. TBEd. JL.106
Arthur Kent (plaintiff) v. Postmedia Network Inc., National Post Inc., Paul Godfrey and Gordon Fisher (defendants)
(1001 16418; 2015 ABQB 461)
Indexed As: Kent v. Postmedia Network Inc. et al.
Alberta Court of Queen's Bench
Judicial District of Calgary
Campbell, J.
July 17, 2015.
Summary:
Kent, a prominent journalist, brought an action alleging that the corporate and individual defendants defamed him and/or were responsible for the failure of his bid for political office in Alberta. The alleged defamation was contained in a news article allegedly published by the National Post and subsequently republished by the National Post and Postmedia. The individual defendants, Godfrey and Fisher, applied for summary judgment dismissing all claims against them personally. The substantive allegations against them were that they had control over the actions of the corporate defendants (Godfrey as President, Chief Executive Officer and a director of Postmedia, and Fisher as an employee of Postmedia and as Chairman of National Post Inc. and the National Post) and had defamed Kent through their failure to take active steps to remove the article from Postmedia websites when they knew it was defamatory.
The Alberta Court of Queen's Bench granted the application and dismissed the action against Godfrey and Fisher. The evidentiary record did not support a genuine issue requiring a trial as to the personal liability of the two individuals, separate and distinct from that of Postmedia and the National Post, in the alleged defamation.
Company Law - Topic 4404
Officers and agents - General - Knowledge of - In personal and corporate capacity - See paragraphs 45 to 80.
Libel and Slander - Topic 67
General - Persons liable - Corporations (incl. directors) - See paragraphs 45 to 80.
Libel and Slander - Topic 1901
Publication - General - Requirement of - See paragraph 52.
Practice - Topic 5702
Judgments and orders - Summary judgments - Jurisdiction or when available or when appropriate - See paragraphs 30 to 33.
Practice - Topic 5715
Judgments and orders - Summary judgments - Burden on applicant - See paragraph 34.
Practice - Topic 5719
Judgments and orders - Summary judgments - To dismiss action - See paragraphs 30 to 80.
Counsel:
Arthur Kent, the plaintiff, self-represented litigant;
G. Scott Watson (Parlee McLaws LLP), for the defendants.
This application for summary dismissal was heard on May 25, 2015, before Campbell, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment and reasons, dated July 17, 2015.
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330626 Alberta Ltd v Ho & Laviolette Engineering Ltd, 2018 ABQB 478
...(Governing Council), 2018 ABCA 206 at para 44; Stefanyk at para 16. (Generally, see also Campbell, J in Kent v Postmedia Network Inc, 2015 ABQB 461 at paras 33-37; Graesser, J in Sticks and Stones Communications Inc v Hole’s Greenhouses & Gardens Ltd, 2015 ABQB 774 at paras 30-37; Wittm......
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Director's Liability For Corporate Negligence
...2013 ABCA 57 at para. 68. [2] Petrobank Energy and Resources Ltd v Safety Boss Ltd, 2012 ABQB 161. [3] Kent v Postmedia Network Inc., 2015 ABQB 461. [4] Stewart v. Enterprise Universal Inc., 2010 ABQB 259. [5] Piedra v Copper Mesa Mining Corp., 2011 ONCA 191. [6] Blacklaws v. Morrow, 2000 A......
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McDonald & Bychkowski Ltd. v. Lougheed et al., 2015 ABQB 792
...(Minister of Environment) , 2000 ABCA 121 13. Hogarth v. Rocky Mountain Slate Inc ., 2013 ABCA 57 14. Kent v. Postmedia Network Inc. , 2015 ABQB 461 15. Jim Pattison Developments Ltd. v. Fudex International Inc., 1996 Canlll 10533 (ABQB) 16. Marydel Homes (West) Inc. v. Cachet Estate Homes ......
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Rutman v. Rabinowitz, 2018 ONCA 80
...179; Lawson v. Burs, Succamore and Jim Pattison Broadcasting Ltd., [1976] 6 W.W.R. 362, at para. 17; Kent v. Postmedia Network Inc., 2015 ABQB 461, 77 C.P.C. (7th) 419, at para. 77. [31] More particularly, Bergman submits there was no evidence at trial that he wrote or repeated the defamato......
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330626 Alberta Ltd v Ho & Laviolette Engineering Ltd, 2018 ABQB 478
...(Governing Council), 2018 ABCA 206 at para 44; Stefanyk at para 16. (Generally, see also Campbell, J in Kent v Postmedia Network Inc, 2015 ABQB 461 at paras 33-37; Graesser, J in Sticks and Stones Communications Inc v Hole’s Greenhouses & Gardens Ltd, 2015 ABQB 774 at paras 30-37; Wittm......
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McDonald & Bychkowski Ltd. v. Lougheed et al., 2015 ABQB 792
...(Minister of Environment) , 2000 ABCA 121 13. Hogarth v. Rocky Mountain Slate Inc ., 2013 ABCA 57 14. Kent v. Postmedia Network Inc. , 2015 ABQB 461 15. Jim Pattison Developments Ltd. v. Fudex International Inc., 1996 Canlll 10533 (ABQB) 16. Marydel Homes (West) Inc. v. Cachet Estate Homes ......
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Rutman v. Rabinowitz, 2018 ONCA 80
...179; Lawson v. Burs, Succamore and Jim Pattison Broadcasting Ltd., [1976] 6 W.W.R. 362, at para. 17; Kent v. Postmedia Network Inc., 2015 ABQB 461, 77 C.P.C. (7th) 419, at para. 77. [31] More particularly, Bergman submits there was no evidence at trial that he wrote or repeated the defamato......
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Sobeys Capital Incorporated v Whitecourt Shopping Centre (GP) Ltd, 2018 ABQB 517
...more expeditious and less expensive means to achieve a just result (para 12). (See also Campbell J in Kent v Postmedia Network Inc, 2015 ABQB 461 at paras 33-37; Graesser J in Sticks and Stones Communications Inc v Hole’s Greenhouses & Gardens Ltd, 2015 ABQB 774 at paras 30-37; Wittmann......
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Director's Liability For Corporate Negligence
...2013 ABCA 57 at para. 68. [2] Petrobank Energy and Resources Ltd v Safety Boss Ltd, 2012 ABQB 161. [3] Kent v Postmedia Network Inc., 2015 ABQB 461. [4] Stewart v. Enterprise Universal Inc., 2010 ABQB 259. [5] Piedra v Copper Mesa Mining Corp., 2011 ONCA 191. [6] Blacklaws v. Morrow, 2000 A......