Ghomeshi Claim Faces Significant Challenges

The controversial firing of former CBC radio host and personality Jian Ghomeshi has captured the public's attention in recent days for many reasons, most of which have nothing to do with the law. In terms of the legal issues arising from the termination of Mr. Ghomeshi's employment, these will largely be decided in a grievance arbitration between Mr. Ghomeshi's union and the CBC, in which he will be seeking reinstatement. The most interesting legal issues, however, concern the $55-million civil lawsuit filed by Mr. Ghomeshi's lawyers on Monday, which is likely to face some significant challenges.

The civil suit contains three claims: a $25-million claim for breach of confidence arising from an alleged common interest privilege; a $25-million claim for defamation; and a claim for $5 million in punitive damages. The defamation claim occupies only a few paragraphs in the Statement of Claim. In it, Mr. Ghomeshi claims that the CBC's public statement when it terminated