The Supreme Court of Canada (SCC) released two judgments April 18 that will affect the jurisdictions in which B.C. business leaders who believe their reputations have been tarnished can file lawsuits.
"The SCC emphasized that considerable weight will be placed on the desire of a defamed person or company to bring a lawsuit [in the geographical region] where his, her or its reputation is most at stake," Borden Ladner Gervais LLP partner David Crerar told Business in Vancouver.
In the first case, Crerar explained, Conrad Black sued former Hollinger Inc. board members over statements made about Black in press releases and Internet postings issued in Illinois and New York.
Even though most of the defendants live outside of Ontario, the fact that Black's reputation was substantially based in Ontario played a considerable role in convincing the court that Ontario courts could hear the dispute, rather than forcing Black to litigate in New York or Illinois.
"U.S. defamation law provides stronger defences in defamation claims concerning public figures," Crerar said. "[So,] a successful plaintiff in Black's shoes would potentially enjoy an advantage beyond just the convenience of litigating close to home.
Another case that the SCC decided April 18 was Editions Ecosociete Inc. vs. Banro Corp.
The plaintiff was an Ontario-based mining company suing the Quebec-based publisher and author of a French-language book that allegedly accusing the plaintiff of human rights violations and fraud.
The SCC confirmed that the mining company could bring the lawsuit in Ontario, even though the book was more widely distributed in Quebec.
