Kathryn Podrebarac

The appellant pharmaceutical company sued the respondents for defamation arising from radio and internet broadcasts, as well as statements made in the House of Commons.

The appellant failed to serve a notice of defamation prior to commencing the action, as required by s. 5(1) of the Libel and Slander Act.

The Court of Appeal upheld the striking of the defamation claims, confirming that the notice requirement applies to non-media defendants and that failure to provide notice is an absolute bar to the action.

The Court also upheld the striking of claims based on statements made in Parliament due to absolute parliamentary privilege.

The defendants sought leave to appeal an order dismissing their motions to strike portions of the plaintiff's statements of claim in two related defamation actions.

The primary issue was whether the plaintiff could salvage a defamation claim regarding radio broadcasts by commencing a second action after failing to provide the required Section 5 notice under the Libel and Slander Act prior to the first action.

The court granted leave to appeal the refusal to strike the paragraphs in the second action relating to the radio broadcasts, finding good reason to doubt the correctness of the motion judge's decision and noting the issue's importance to the administration of justice.

Leave to appeal was denied on the other grounds.