Wagner and Ksiazek v. Lim, (1994) 158 A.R. 241 (QB)

• Judge: Egbert, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: August 19, 1994
• Citations: (1994), 158 A.R. 241 (QB)

Wagner v. Lim (1994), 158 A.R. 241 (QB)

MLB headnote and full text

Blair Wagner and Karol Ksiazek (plaintiffs) v. Christopher Lim and Beatrice Lim (defendants)

Christopher Lim and Beatrice Lim (plaintiffs by counterclaim) v. Blair Wagner, Karol Ksiazek and The Alberta Teachers Association (defendants by counterclaim)

(Action No. 9006-00315)

Indexed As: Wagner and Ksiazek v. Lim

Alberta Court of Queen's Bench

Judicial District of Lethbridge

Egbert, J.

August 19, 1994.

Summary:

Wagner and Ksiazek claimed that they were defamed in a number of letters and another document written and pub­lished by Lim and his wife. Wagner and Ksiazek sued for damages as well as an injunction restraining the Lims from repea­t­ing the defamatory statements. The Lims counter­claimed against Wagner, Ksi­az­ek and the Alberta Teachers Associ­ation for dam­ages for abuse of pro­cess and for dam­ages arising from a con­spiracy between Wagner and Ksiazek and two other parties.

The Alberta Court of Queen's Bench allowed the action and awarded damages to Wagner and Ksiazek. The Lims' counter­claim was dismissed.

Damage Awards - Topic 632

Torts - Injury to the person - Libel and slander - Lim, of Chinese descent, was employed as a school library aide - Lim's hours of work were reduced - Later, Lim's son placed second for the Governor Gen­eral's Award for the top graduating student - Lim and her husband wrote letters to the Alberta Human Rights Commission et al. charging the school principal with sex and racial discrimination - Later, Lim accused a teacher with intimidation - The Lims distributed copies of the letters to various third parties - The principal and the teacher sued the Lims for defamation - The Alberta Court of Queen's Bench awarded the princi­pal $10,000 from Mrs. Lim and $20,000 from Mr. Lim - Dam­ages for the teacher from Mrs. Lim were $2,500 and $7,500 from Mr. Lim - See para­graph 96.

Libel and Slander - Topic 644

The statement - What constitutes defama­tory statements - General principles - Disparagement of reputation - Lim, of Chinese descent, was employed as a school library aide - Because of budget con­straints, Lim's hours of work were reduced - Later, Lim's son placed second for the Governor General's Award for the top graduating student - Lim and her husband wrote letters to the Canadian Human Rights Commission et al. claiming that, inter alia, her hours were reduced and her son failed to get the award because the school principal, Wagner, discriminated on the grounds of sex and race - Lim also accused Ksiazek, a teacher, of intimida­tion - The Lims distributed copies of the letters to various third parties - Wagner and Ksiazek sued the Lims for defamation - The Alberta Court of Que­en's Bench allowed the action.

Libel and Slander - Topic 644

The statement - What constitutes defama­tory statements - General principles - Disparagement of reputation - In numer­ous letters, the Lims accused a school principal and a teacher with, inter alia, racial and sexual discrimination as well as intimidation - Copies were distributed to numerous third persons - The principal and teacher sued for defamation - The Alberta Court of Queen's Bench stated that "[t]he cases indicate that it is defamatory to impute to a person in any office corrupt, dishonest or fraudulent conduct or other misconduct or inefficiency in that office or any unfitness or lack of ability to dis­charge the duties of that office and this is so whether the office be public or private or whether it is one of profit, honour or trust" - See paragraph 68.

Libel and Slander - Topic 644

The statement - What constitutes defama­tory statements - General principles - Disparagement of reputation - In numer­ous letters, the Lims accused a school principal and a teacher with, inter alia, sex and racial discrimination as well as intimi­dation - Copies were distributed to nu­merous third persons - The principal and teacher sued for defamation - The Alberta Court of Queen's Bench stated that "[a]lle­gations of racism, racial discrimina­tion or misconduct based upon race are, in my view, clearly defamatory" - See para­graph 69.

Libel and Slander - Topic 646

The statement - What constitutes defama­tory statements - General principles - From meaning of words themselves - In numerous letters, the Lims charged a school principal and a teacher with, inter alia, sexual and racial discrimination as well as intimidation - Copies were distrib­uted to numerous third persons - The principal and teacher sued for defamation - The Alberta Court of Queen's Bench stated "[t]hat the allegations are cloaked as rhe­torical questions furnishes no defence if the words used, according to their natural meaning and taken in proper context, convey a defamatory imputation" - See paragraph 70.

Libel and Slander - Topic 684

The statement - What constitutes defama­tory statements - Libel - What constitutes a defamatory statement - [See first Libel and Slander - Topic 644 ].

Libel and Slander - Topic 1941

Publication - What constitutes - General - Lim, of Chinese descent, was employed as a school library aide - Because of budget con­straints, Lim's hours of work were reduced - Later, Lim's son placed second for the Governor General's Award for the top graduating student - Lim and her husband wrote letters to the Canadian Human Rights Commission et al. accusing the school principal with sexual and racial discrimination - Subsequently, they accused a teacher of intimidation - The Lims distributed copies of the letters to various third parties - The principal and the teacher sued the Lims for defamation - The Alberta Court of Queen's Bench held that the require­ment of publication had been met by the distribu­tion of the copies to third parties - See paragraph 67.

Libel and Slander - Topic 2800

Defences - General - Lim, of Chinese descent, was employed as a school library aide - Lim's hours of work were reduced - Later, Lim's son placed second for the Governor General's Award for the top graduating student - Lim and her husband wrote letters to the Alberta Human Rights Commission et al. charging the school principal with sexual and racial discrimi­nation - The Lims distributed copies of the letters to various third parties - The principal sued the Lims for defamation - The Lims claimed the principal's action constituted a violation of s. 11 of the Individual Rights Protection Act - The Alberta Court of Queen's Bench held that s. 11 had no application because the matter complained about was not the in­volvement of the Commission but the defamatory statements to third parties not connected with the Commission - See paragraph 83.

Libel and Slander - Topic 2928

Defences - Absolute privilege - State­ments made in the course of judicial pro­ceedings - Lim, of Chinese descent, was employed as a school library aide - Lim's hours of work were reduced - Later, Lim's son placed second for the Governor Gen­eral's Award for the top graduating student - Lim and her husband wrote letters to the Alberta Human Rights Commission et al. charging the school principal with sexual and racial discrimination - Ksiazek, a teacher, was accused of intimidation - The Lims distributed copies of the letters to various third parties - The principal and the teacher sued the Lims for defamation - The Lims claimed absolute privilege in that the letters were incidental to quasi-judicial proceedings - The Alberta Court of Queen's Bench held that the defence of absolute privilege was not available - See paragraph 75.

Libel and Slander - Topic 2995

Defences - Qualified privilege - Public duty - General - Lim, of Chinese descent, was employed as a school library aide - Lim's hours of work were reduced - Later, Lim's son placed second for the Governor General's Award for the top graduating student - Lim and her hus­band wrote letters to the Alberta Human Rights Com­mission et al. charging the school principal with sexual and racial discrimi­nation - Ksia­zek, a teacher, was accused of intim­ida­tion - The Lims dis­tributed copies of the letters to various third parties - The prin­cipal and the teacher sued for defama­tion - The Lims claimed qualified privi­lege - The Alberta Court of Queen's Bench held that the defence of qualified privilege was not available and, "even if it were, it was lost as a result of the exten­sive publica­tion" - See paragraph 81.

Libel and Slander - Topic 4061

Malice - As a bar to defence of fair com­ment or qualified privilege - General - Lim, of Chinese descent, was employed as a school library aide - Lim's hours of work were reduced - Later, Lim's son placed second for the Governor General's Award for the top graduating student - Lim and her husband wrote letters to the Alberta Human Rights Commission et al. charging the school principal with sexual and racial discrimination - The Lims distrib­uted copies of the letters to various third parties - The principal sued for defamation - The Lims claimed qualified privilege - The Alberta Court of Queen's Bench held that the defence of qualified privilege was not available and, even if it were, it would be barred because of malice on the part of the Lims - See paragraphs 82 and 89.

Libel and Slander - Topic 5006

Injunctions - Restraining further defama­tion - Lim, of Chinese descent, was employed as a school library aide - Lim's hours of work were reduced - Later, Lim's son placed second for the Governor Gen­eral's Award for the top graduating student - Lim and her husband wrote letters to the Alberta Human Rights Commission et al. charging the school principal with sexual and racial discrimination - The Lims distrib­uted copies of the letters to various third parties - The principal sued the Lims for defamation - The Alberta Court of Queen's Bench allowed the action and awarded damages - Because of a finding of malice and the fact that the Lims had not apologized and had reaffirmed the defamation to the trial's end, the Court also granted an injunction restraining further defamation - See paragraph 97.

Cases Noticed:

Halluk v. Brown (1982), 41 A.R. 350 (Q.B.), refd to. [para. 68].

Kohuch and Loewen v. Wilson (1988), 71 Sask.R. 33 (Q.B.), refd to. [para. 68].

Christie v. Geiger and Edmonton Sun (1984), 58 A.R. 168; 35 Alta. L.R.(2d) 316 (Q.B.), affd. [1987] 1 W.W.R. 357; 74 A.R. 1; 48 Alta. L.R.(2d) 51 (C.A.), refd to. [para. 69].

Cherneskey v. Armadale Publishers Ltd. and King, [1979] 1 S.C.R. 1067; 24 N.R. 271; 90 D.L.R.(3d) 321, refd to. [para. 69].

O'Neal v. Pulp, Paper and Woodworkers of Canada, [1975] 4 W.W.R. 92 (B.C.S.C.), refd to. [para. 70].

Paletta v. Lethbridge Herald Co. (1976), 4 Alta. L.R.(2d) 97 (T.D.), refd to. [para. 71].

Willows v. Williams (1950), 2 W.W.R.(N.S.) 657 (Alta. T.D.), refd to. [para. 76].

Halls v. Mitchell, [1928] 2 D.L.R. 97 (S.C.C.), refd to. [para. 77].

Statutes Noticed:

Defamation Act, R.S.A. 1980, c. D-6, generally [para. 67].

Individual's Rights Protection Act, R.S.A. 1980, c. I-2, sect. 11 [para. 83].

Authors and Works Noticed:

Brown, Raymond E., The Law of Defama­tion in Canada (1987), pp. 597 to 599 [para. 79].

Counsel:

D.P. Carroll, for the plaintiffs/defendants by counterclaim;

No one appearing for the defen­dants/plaintiffs by counterclaim.

This case was heard before Egbert, J., of the Alberta Court of Queen's Bench, Judi­cial District of Lethbridge, who delivered the following judgment on August 19, 1994.