Substantive Defences

This case is filed under Cyber Libel Updates
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2017 December 6
Ramirez v. Gale, 2017 YKCA 18

The Yukon Territory Court of Appeal (In Chambers) dismissed an application by the plaintiff/appellant for an extension of time for filing an appeal from a summary trial decision dismissing her defamation claim on the basis the defendant’s email was published on an occasion of qualified privilege.  The Court of Appeal held that there was little merit to the appeal which it was clear was “bound to fail.”  The Court concluded that the plaintiff seemed to be “of the mistaken view that by sending the e-mail to eight people, the e-mail is now on the Internet and available to millions of people.”  The trial judge’s finding of fact, for which there was no basis for the appellate court to interfere, was that the email went only to an eight-member committee.