Reference to the Plaintiff

• Author: David A. Potts
• Profession: Barrister, Bar of Ontario
• Pages: 273-275

273

 : Reference to the Plainti

A. introduCtion

It is an essential element of a cause of action for defa mation that the words

complained of should be published “of the plainti .” If the words are not so

published, a plainti c annot have any right to ask that the defendant should

be held responsible to him.

Knuper v. London Expre ss Newspaper Ltd., []  AC  at  cited in Roger D.

McConchie and David A. Pot ts, Canadian Libel and Sland er Actions (Toronto:

Irwin Law, ) at 

Bai v. Sing Tao Daily Ltd., [] O.J. No.  at para.  (C.A.), McMurtr y C.J.O.,

leave to appeal to S.C.C. den ied, [] S.C.C.A. No. 

Butler v. Southam Inc. (),  N.S.R. (d)  at para.  (C.A.), Cromwell J.A.

Grant v. Cormier-Grant (),  O.R. (d)  at para.  (C.A.), Borins J.A .

Booth v. British Columbia Televi sion Broadcasting System (),  D.L.R. (d) 

at  (B.C.C.A.), Lambert J.A .

Arnott v. College of Physicia ns and Surgeons of Saskatche wan, [] S.C.R.  at

, Kellock J.

b. A two-PArt teSt

To establish t his element of the cause of action, the plainti must satisfy a

two-part test as stated in Knuper v. London Express Newspaper Ltd.,[] 

A.C.  at , by Viscount Simon.

. As a question of law, can the expression be regarded as capable referring

to the plainti ?

. As a question of fact, does the article i n fact lead reasonable people who

know that plainti to the conclusion that it does refer to him?