The appellants appealed an order dismissing their defamation claims for failure to comply with the notice provision in s. 5(1) of the Libel and Slander Act.
The appellants had sent a notice to the respondent newspaper regarding articles that alleged the appellants fabricated criminal charges.
The Court of Appeal allowed the appeal, finding that the motion judge erred in law by failing to consider the notice in the context of all surrounding circumstances.
The Court held that the notice sufficiently conveyed the essence of the matter complained of, allowing the respondents to take appropriate steps to mitigate damages.
