What is the test for fair comment?
New Brunswick, Canada
The following excerpt is from Ross v. Beutel, 2001 NBCA 62 (CanLII):
In Silkin v. Beaverbrook Newspapers Ltd., [1958] 1 W.L.R. 743, Diplock, J. in charging the jury explained at p. 747 the test for fair comment in the following passage which has become a formulation of the test widely accepted in the authorities and sometimes described as the "cardinal test": But the expression "fair comment" is a little misleading. It may give you the impression that you, the jury, have to decide whether you agree with the comment, whether you think it is fair ... applying the true test: was this an opinion, however exaggerated, obstinate or prejudiced which was honestly held by the writer?
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What constitutes a comment or opinion in a judgment? (New Brunswick, Canada)
What are the elements of the common law defence of fair comment? (New Brunswick, Canada)
Is there any case law where the term “total pay” is ambiguous? (New Brunswick, Canada)
What is the test for obtaining an allegation of sexual assault without proper due diligence? (New Brunswick, Canada)
What is the test for defamatory language in a letter to the board of directors of CCNH? (New Brunswick, Canada)
What is the current state of the common law when it comes to the interpretation of the doctrine of assumpsit? (New Brunswick, Canada)
What factors will be considered in determining the severity of a sexual assault conviction? (New Brunswick, Canada)
When a separated spouse is a custodial parent of a child, is the separated spouse considered to be a party to a claim of hardship? (New Brunswick, Canada)
What is the test for a claim for non-compensationary support in a separation? (New Brunswick, Canada)
What is the limitation period for an action brought by a former employee of a bank? (New Brunswick, Canada)
