You Can't Play Dress Up With A Defamation Action

The law of defamation is subject to many strict rules, which may vary from province-to-province under respective special libel and slander statutes. It is also the law that a party cannot dress up a defamation action as another cause of action to avoid the well-established defences that are available to defendants in a defamation claim.

The recent case of Ryan v. Canadian Broadcasting Corp., 2021 SKQB 12 provides some useful insight into the issue of a dressed up defamation claim and the fact that in certain defamation cases, particularly those involving the media, the provisions of a statute may have an impact on a claim.

This action arose out of a CBC news article which reported on a judicial proceeding involving the plaintiff. The plaintiff had been charged and convicted by a Provincial Court Judge of possessing a weapon for a purpose dangerous to the public peace contrary to s. 88 of the Criminal Code. The charge stemmed from an incident where the plaintiff