What are the elements of defamation and what is the test for pleading?

British Columbia, Canada


The following excerpt is from Fowler v. Canada (Attorney General), 2012 BCSC 367 (CanLII):

The applicant also submits on the basis of Grant v. Torstar Corp., 2009 SCC 61 that the elements of defamation that must be pleaded are that: “(a) the impugned words were defamatory in the sense that they tend to lower the plaintiff’s reputation in the eyes of a reasonable person; (b) the words in fact referred to the plaintiff; and (c) that the words were published, meaning that they were communicated to at least one person other than the plaintiff” (para. 28).

The applicant further submits that if liability for re-publication is claimed, the plaintiff must set out the exceptions to the general rule that the defendant is not liable for re-publication by others citing Cooper v. Hennan, 2005 ABQB 709.

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