The appellant appealed the dismissal of his Small Claims Court defamation action, which was based on a text message sent by the respondent falsely alleging the appellant was gay.
The trial judge found that while the statement might lower the appellant's reputation within his specific church community, it was not defamatory when judged by the standard of an ordinary, right-thinking member of broader Canadian society.
The Divisional Court upheld this decision, finding no error in the trial judge's application of the objective 'reasonable person' test.
The respondent's cross-appeal regarding the appellant's failure to give notice under the Libel and Slander Act was also dismissed.
