Wednesday, December 8, 2010

Whether words are defamatory

Chidley-Hill v. Daw, 2010 ONCA 835 deals with defamation. Whether words are defamatory is something peculiarly for a jury. However, some words are not capable of being defamatory -- and saying a lawyer acted on a criminal case is not capable of being taken, standing alone, as suggesting the lawyer was involved in the crime:

"The fact that a lawyer is reported as having acted for a client who is alleged to have committed crimes is not reasonably capable of amounting to an allegation that the lawyer is somehow linked to the crimes. "

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