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ARTICLE · 19 JANUARY 2022

Watchdog's Defamation Action Against Municipality Allowed To Continue

Gardiner Roberts LLP
Gardiner Roberts LLP
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The law of defamation in the political arena has a long history.

CanadaLitigation, Mediation & Arbitration

The law of defamation in the political arena has a long history. Passionate sparring between political opponents and the tendency to attack an opponent's policies and character has seen politicians end up in court either as plaintiffs seeking damages for reputational harm or as defendants protecting their words or ability to speak freely. One of the most infamous defamation cases involving politicians was Douglas v. Tucker, 1951 CanLII 54 (SCC), which was ultimately decided by the Supreme Court of Canada in 1951. In today's era of multi-media communications, particularly the explosion of internet and social media communications, the law of defamation and politics is colliding more frequently. As a defamation action has the ability to curb free speech, legislation in Ontario and a few other provinces, permits the early dismissal of an action arising from expressions on matters related to the public interest.

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