R. Foerster

The defendant broadcaster brought a motion for summary judgment to dismiss the plaintiffs' defamation action arising from a satirical television program broadcast in Pakistan and rebroadcast online.

The program allegedly accused the plaintiffs of engaging in immigration fraud related to a Canada-Pakistan Trade Fair, which the plaintiffs claim caused artists' visas to be denied and forced the cancellation of a concert.

The court dismissed the motion, finding genuine issues for trial regarding whether the broadcast was defamatory, whether the action was barred by the Libel and Slander Act given the technical nature of the internet broadcasts, and whether the broadcast caused the alleged damages.

The court also declined to dismiss the action for delay.

The appellant appealed from a Divisional Court order dismissing an appeal from a Master's refusal to grant an extension of time to serve a notice of action and statement of claim.

The appellant had delayed service by approximately 30 days for tactical reasons.

The Master refused the extension, finding prejudice to the respondent due to the 13-year lapse since the relevant events and the destruction of documents.

The Court of Appeal allowed the appeal, holding that the Master erred in law by failing to distinguish between prejudice caused by the passage of time since the events and prejudice caused by the delay in service.

As the 30-day delay in service caused no prejudice, the extension was granted.