COURT OF APPEAL FOR ONTARIO
RE:
ANABELA SILVA (Plaintiff (Appellant)) -and- TORONTO STAR NEWSPAPERS LTD., DALE BRAZAO and KEVIN DONOVAN (Defendants (Respondents))
BEFORE:
WEILER, ABELLA and GOUDGE JJ.A.
COUNSEL:
Richard Worsfold
For the appellant
Paul Schabas and Tony Wong
For the respondent
HEARD:
February 6, 2002
RELEASED ORALLY: February 6, 2002
On appeal from the judgment of Justice William P. Somers dated October 7, 1998.
E N D O R S E M E N T
[1 In our view, the trial judge is entitled to deference on his finding that a “reasonable right thinking reader” would not conclude “that the truth of the allegations was the meaning to be attributed” to the article, but would, instead, conclude that it would be interpreted as the reporting of complaints. Consequently, we would not interfere with his conclusion that the article was not the repetition of libellous statements.
2In view of our conclusion on this issue, it is not necessary to deal with his findings as to qualified privilege. We should not, however, be taken as agreeing with them.
3We note that in interpreting s. 3(2) of the Libel and Slander Act, Somers J. did not have the benefit of the recent decision of the House of Lords in McCarton Turkington Breen v. Times Newspapers Ltd, [2001] 2 A.C. 277 (H.L.). In our view, the analysis in that case may well have led to a finding that the privilege created by s. 3(2) applied to the meeting/press conference held on May 31, 1995.
4The appeal is therefore dismissed. Costs to the respondent if demanded.
Signed: “K.M. Weiler J.A.”
“R.S. Abella J.A.”
“S.T. Goudge J.A.”