The appellant appealed a Small Claims Court decision striking his defamation claim against his former employer.
The motion judge had struck the claim on the basis that a termination letter sent to an employment agency was not 'published' to the public, and alternatively, that the appellant failed to provide notice under s. 5(1) of the Libel and Slander Act.
The Divisional Court allowed the appeal, finding that publication to a single third party satisfies the test for defamation, and that the s. 5(1) notice requirement does not apply to private emails or letters.
The defamation claim was restored.
