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ARTICLE · 12 JUNE 2018

Lawful Criticism Or Defamation – It's All About Context

The court dismissed several of the allegations on a preliminary basis because the pleadings failed to provide sufficient particulars.

CanadaLitigation, Mediation & Arbitration

The B.C. Supreme Court recently dismissed the plaintiffs' claims in Northwest Organics, Limited Partnership v Roest, 2018 BCSC 866, a defamation action relating to a commercial composting facility. The claim arose after years of conflict between residents of a rural community who opposed construction of the facility and the facility's owners. The residents had engaged in various public campaigns to voice their concerns about the risks associated with the facility and the unpleasant odours it produced once in operation. The owners claimed that these public expressions of opposition were defamatory. Specifically, they alleged that the defendants published defamatory remarks by distributing flyers around town, circulating copies of an expert report recommending against construction of the facility, sharing the report with a reporter, voicing opposition at public meetings, placing critical signs along the only paved road into town, filing complaints with government

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