If a plaintiff cannot prove that a respective defendant did not believe what they published was true, what is the state of the law on the basis of this?

Ontario, Canada


The following excerpt is from St. Elizabeth Home Society v. Hamilton (City), 2005 CanLII 46411 (ON SC):

Secondly, should the plaintiff be unable to prove that a respective defendant did not believe what he or she published was true, then the inquiry goes on to consider whether the untrue, defamatory material was published recklessly, without considering or caring whether it be true or not. Here the inquiry becomes most subtle as indifference to the truth (recklessness) of what he or she publishes is not to be equated with carelessness, impulsiveness or irrationality in arriving at a positive belief that it is true. Lord Diplock discusses this issue extensively. He reminds us that the law takes and accepts all manner of man or woman, be they rational or irrational by nature. He puts the nub of the analysis; “but despite the imperfection of the mental process by which a belief is arrived at, it must still be ‘honest’, i.e., a positive belief that the conclusions they have reached are true. The law demands no more”. ....what is required on the part of the defamer to entitle him to the protection of the privilege is positive belief in the truth of what he published or, as it is generally though tautologously termed, ‘honest belief’. If he publishes untrue defamatory matter recklessly, without considering or caring whether it be true or not, he is in this, as in other branches of the law, treated as if he knew it to be false. p. 699, Horrocks v. Lowe, supra

Other Questions


What are the costs of a plaintiff who was more successful on an overall global basis or on a global basis than on the primary issue? (Ontario, Canada)
Does a plaintiff have to prove an obligation to defend or indemnify? (Ontario, Canada)
What is the test for a claim for punitive damages in a defamation action brought by a plaintiff against a defendant who published defamatory material in their statement of defence? (Ontario, Canada)
Does a plaintiff have a legally tenable claim against the proposed defendant? (Ontario, Canada)
What is the test for a plaintiff to be certified as a plaintiff in a medical malpractice case? (Ontario, Canada)
Can a plaintiff rely on the evidence of defendants in their July 24, 2011 affidavits if they have not been challenged in cross-examinations? (Ontario, Canada)
Does a plaintiff bank have a duty to inform the guarantor respecting future credit facilities? (Ontario, Canada)
What is the duty of a plaintiff to mitigate the damages of a defendant in a tort action? (Ontario, Canada)
What is the test for a plaintiff to succeed in her claim against a defendant? (Ontario, Canada)
What is the current state of the law in respect of international law? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.