2011 July 28

TPG Technology Consulting Ltd. v. Canada (Minister of Industry), 2011 ONSC 4604

The Ontario Superior Court of Justice struck out libel claims relating, inter alia, to certain postings by the federal Competition Bureau in a press release on its website. The Court held that the internet postings “make plain that the plaintiffs merely stood accused of bid-rigging and had not yet been convicted of any offence.” The Court also held that the postings “fairly describe the alleged offence, including the end objectives of individuals who engage in bid-rigging.” Accordingly, the postings were not capable of being defamatory. “It is now well-accepted that a statement indicating that a person has been charged with an offence is not defamatory because reasonable persons are mindful that an accused is presumed innocent until proven guilty.” The plaintiff argued unsuccessfully that the postings were capable of conveying more serious imputations which were defamatory.