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ARTICLE · 28 FEBRUARY 2012

Watching What You Say - Even When Fighting Alleged Crime

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The recent Ontario Court of Appeal case of TPG Technology v Competition Bureau1 is a reminder that even in the effort to vigorously enforce the Competition Act, and publicize those efforts, the rules of defamation apply.

CanadaAntitrust/Competition Law
James Musgrove
James Musgrove
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The recent Ontario Court of Appeal case of TPG Technology v Competition Bureau1 is a reminder that even in the effort to vigorously enforce the Competition Act, and publicize those efforts, the rules of defamation apply. The case arose out of a bid rigging investigation conducted by the Competition Bureau, which led to charges against the plaintiffs as well as a variety of other firms. The Competition Bureau issued to press release announcing the charges.

The plaintiffs sued, alleging that the press release was defamatory. The words alleged to constitute defamation included the following:

"As a result of the agreement, the bidders were allegedly able to maximize the rates at which services were to be provided to the various departments."

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