Libel and Slander
| Author | Roger McConchie; David Potts |
| Profession | Member of the Bars of British Columbia and Alberta/Member of the Bar of Ontario |
| Pages | 9-13 |
CHAPTER
ONE:
Libel
and
Slander
A.
INTRODUCTION
The law of
defamation
concerns
the
torts
of
libel
and
slander.
At
common
law,
libel
is
defamatory
expression
in
writing
or
some
other
non-transitory
form.
Slander
is an
oral
statement
or
some
other
form
of
transitory
expression.
Bell
v.
Intertan
Canada
Limited,
446,
per
Matheson
J. at
para.
20.
Brule
v.
Chmilar
(2000),
256
A.R.
168
(Q.B.)
per
Gallant
J. at
para.
59:
A
libel involves material exhibited
in
written
or
other concrete
form,
such
as in
film,
pictures
or
statues. Slanders
are
defamations which
have
been spoken
or
embodied
in
some transitory
form.
MacArthur
v.
Meuser
(1997),
146
D.L.R.
(4th)
125
(Ont. Gen. Div.)
per
Adams
J. at
para.
30
[aff'd
(2000),
188
D.L.R.
(4th)
191
(Ont.
C.A.)]
citing
Willows
v.
Williams
(1950),
2
WWR.
(N.S.)
657
(Alta.
S.C. (T.D.)) where
Egbert],
stated
at
658:
In
libel
the
defamatory statement
is
made
in
some visible
and
perma-
nent
form,
and in
slander
it is
made
in
spoken words,
or in
some other
transitory
form.
St.
Elizabeth
Home
Society
v.
Hamilton
(City),
[2001]
OJ.
No.
2597
per
Harris
J.
at
paras. 12-13 (S.C.J.).
Emonts
v.
McKeever,
[1992]
OJ. No.
1467 (Gen Div)
per
Goodearle
J.
9
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