You are here

SCC Decision: June 27, 2008

Taxonomy upgrade extras: 
Research articles : 

WIC Radio Ltd. v. Simpson, 2008 SCC 40
Click here to link to the full judgment. 
(Torts / Defamation / Defence of fair comment)
A well-known radio host directed an editorial against S, criticizing her opposition to positive portrayals of gay lifestyles, and comparing her public persona to Hitler, the KKK and skinheads.  The Court restored the trial judge's decision to dismiss the case, finding that the radio host had a defence of fair comment.  The Court modified the "honest belief" component of the fair comment test to require comment of public interest, based on fact, recognizable as comment, and satisfying an objective test of opinion on proved facts.  Motivation by malice can defeat this defence.
Majority/Concurring: 7/1/1