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ARTICLE · 12 AUGUST 2020

But That's Just My Opinion. Or Is It Defamation? - The Future Is Online

More often than not, sequels can't live up to the original. Case in point: Jaws 2. But this blog post sequel aims to be better, like The Dark Knight.

CanadaLitigation, Mediation & Arbitration

More often than not, sequels can't live up to the original.  Case in point: Jaws 2.  But this blog post sequel aims to be better, like The Dark Knight.

In Part I of this blog post, we looked at the basic facts of Weaver v. Ball. The case involved two well-known scholars, Dr. Andrew Weaver and Dr. Timothy Ball, who have diametrically opposing viewpoints regarding climate change. In 2011, Dr. Ball published an article on the internet that essentially accused Dr. Weaver of professional incompetence and bias. Dr. Weaver subsequently sued Dr. Ball for defamation.

After presiding over an 11-day trial for the case, the trial judge determined that Dr. Ball's article was not defamatory. But the B.C. Court of Appeal (the "BCCA") recently disagreed and raised several key issues with the judge's decision, including:

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