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ARTICLE · 18 MARCH 2024

Will A BC Court Ruling On Sexual Assault Defamation Have A Chilling Effect On Survivors

If you have followed the news about a recent BC Court of Appeal ruling which permitted a high-profile person accused of sexual assault to bring a defamation case to trial...

CanadaLitigation, Mediation & Arbitration

If you have followed the news about a recent BC Court of Appeal ruling which permitted a high-profile person accused of sexual assault to bring a defamation case to trial, certain headlines and article ledes may have you feeling nervous.

The Globe and Mail's report, titled "Sexual assault accusers not immune to defamation suit, B.C. court rules," began: "People accused of sexual assault have a right to sue their accusers for defamation, British Columbia's top court has ruled, rejecting arguments that such lawsuits will strike a serious and possibly fatal blow to the reporting of sexual offences."

Of course, the fact that anyone can attempt to sue anyone else for defamatory statements would make for a much less compelling headline. Whether such a case will be taken up by a court or ultimately be successful is another matter entirely. In the case at the centre of this media frenzy, a court has yet to decide if the defendants will be found liable for allegedly

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