In a defamation appeal arising from newspaper reports about an incident at a municipal sewage treatment plant, the court upheld the trial judge’s findings that several individual defendants defamed the plaintiffs by falsely implying criminal threats or assault.
The court also upheld the striking of the jury notice, given the statutory bar to jury trials on factual issues and damages in claims against a municipality and the inextricable overlap of issues.
However, the court allowed the municipality’s appeal, holding that s. 5(1) of the Libel and Slander Act required independent written notice to all defendants, including a non-media municipal defendant alleged to be vicariously liable.
Because no timely notice was given and the limitation period had expired, the claim against the municipality was barred.
