Is there any authority for the proposition that it is the standard of an ordinary, right-thinking member of society that is a reasonable standard of conduct for assessing the impact of an offensive statement?
Ontario, Canada
The following excerpt is from Porter v. Robinson Sheppard Shapiro, 2004 CanLII 860 (ON SC):
The latter case (Colour Your World Corp v. Canadian Broadcasting Corp, supra) is also authority for the proposition that it is the standard of an ordinary, right-thinking member of society that is the standard to be used in judging the potential impact of the statement.
I do not agree with the plaintiff that ordinary, right-thinking members of society, who are, therefore, thoughtful and informed (see Colour Your World Corp v. Canadian Broadcasting Corp, supra) could give those passages the meanings outlined in the statement of claim. What is more, the second communiqué effectively remedies whatever chances of misunderstanding there might have been by publishing the two paragraphs verbatim from the judgment.
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