In what circumstances will a defendant be able to bring an application for summary trial in a libel action?
British Columbia, Canada
The following excerpt is from Scheffer v. Everett, 2014 BCSC 118 (CanLII):
In answer to those submissions, the applicants refer to the decision of Gichuru v. Pallai, 2013 BCCA 60. In that case, an application for summary trial by the defendants in a libel action was successful. The court found that there was no evidence that the defamatory words were published or that anyone outside of the lawsuit had ever read any posting. A prior human rights complaint against the defendant had been dismissed as having no reasonable prospect of success. On appeal, the court upheld the dismissal of the claim at summary trial and at para. 37 stated:
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