What is the defence on the pleadings in a defamation case?
Saskatchewan, Canada
The following excerpt is from Leech v. Leader Publishing Co., Ltd., 1926 CanLII 159 (SK CA):
In Digby v. Financial News, Ltd. [1907] 1 K.B. 502, at p. 509, 76 L.J.K.B. 321, Collins, M.R. said: The only defence on the pleadings is one of fair comment, and if it should become necessary for the defendants to rely upon the truth of statements which the jury find to be injurious to the plaintiff, the defendants could not possibly succeed in the absence of a plea of justification.
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