In its amended notice of civil claim, Mainstream alleged that the press release and specified pages on the GAAIA website (copies of which were attached to the amended notice of civil claim) contained defamatory comments. It did not allege that all of the pages on the website contained defamatory comments. In my view, all of the pages on a website, together with all articles hyperlinked on the website, do not constitute a single publication (see Crookes v. Newton, 2011 SCC 47, [2011] 3 S.C.R. 269, where it was held that a hyperlink on a website does not, by itself, amount to publication of the hyperlinked document). It is not sufficient for the defence of fair comment for facts upon which the comments were made to be contained on website pages that were not alleged to contain defamatory comments or in hyperlinked documents unless those other pages or hyperlinked documents were identified by a clear reference to contain such facts.
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