The appellants brought a defamation action against the respondent newspaper and reporter over an article concerning a proposed private golf course development and alleged political influence.
At trial, the jury found for the appellants and awarded damages.
The Court of Appeal set aside the verdict and ordered a new trial, recognizing a new defence of responsible journalism.
The Supreme Court of Canada dismissed the appeal, formally recognizing the new defence of responsible communication on matters of public interest.
The Court held that the traditional strict liability regime for defamatory statements of fact failed to adequately protect freedom of expression under the Charter.
The new defence applies where the publication is on a matter of public interest and the publisher was diligent in trying to verify the allegations.
A new trial was ordered due to the trial judge's failure to leave this defence to the jury and errors in the fair comment instruction.
