What is the test for an opinion or opinion comment?

British Columbia, Canada


The following excerpt is from Peterson v Deck, 2021 BCSC 1670 (CanLII):

Hence, the facts must be sufficiently stated or otherwise known to the reader, so that the reader is able to make up his or her own mind on the merits of the comment. The comment must be presented as an expression of subjective opinion, not an assertion of objective fact: Hee, at para. 93; Mainstream Canada v. Staniford, 2013 BCCA 341 at paras. 21–38.

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