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ARTICLE · 03 DECEMBER 2024

Media Article That Reports On Court Decision Not Proper Subject For A Defamation Claim (Masjoody V. Burnaby Beacon)

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In general, a court proceeding is open to the public. Unless the court issues a sealing order, what takes place in a court room or a court decision made after a hearing can be reported upon by the media.

CanadaLitigation, Mediation & Arbitration
Stephen Thiele
Stephen Thiele
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In general, a court proceeding is open to the public. Unless the court issues a sealing order, what takes place in a court room or a court decision made after a hearing can be reported upon by the media without fear of recourse. Indeed, court decisions have always been available to the public whether published in books or now electronically through online platforms like CanLII.

Notwithstanding the public interest in the publication of court decisions, the plaintiff in Masjoody v. Burnaby Beacon, 2024 BCSC 1983 commenced a defamation action against the defendant news outlet and journalist for an article that reported on a 2021 court decision (Masjoody v. Trotignon, 2021 BCSC 1502) in which he was involved. In response to the claim, the news outlet and journalist brought a motion under section 4 of British Columbia's Protection of the Public Participation Act (the "PPPA") to have the plaintiff's action struck.

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