2018 April 19

Walsh Energy Inc. v Better Business Bureau of Ottawa-Hull Inc., 2018 ONCA 383

The Ontario Court of Appeal held that the Ontario Divisional Court did not err in determining that a publication on the defendant website was defamatory [See Divisional Court reasons at 2016 ONSC 1606].  However, the Court of Appeal did set aside the lower court’s order that there be a new trial regarding the defence of fair comment.  The Court of Appeal held that there record was sufficient to permit the court to conclude that the test for fair comment was satisfied and that the defamation claims of the plaintiff should therefore be dismissed.