Publication Language: English
Published: October 07, 2022
Publisher: LexisNexis Canada
A Clear, Comprehensive and Current Statement of the Law
Canadian libel law is designed to strike a balance between two essential values – protection from harmful publications on one side and protection of free expression on the other.
The Law of Libel in Canada, 5th Edition guides readers through libel law's thicket of rules, exceptions, shifting onuses and other legal considerations. Coverage includes cases decided since publication of the fourth edition in 2018, what constitutes defamation, the defences available, remedies, and how defamation ties into technological advancements and privacy laws. The book combines all commentary and analysis into a convenient, user-friendly volume.
Author Peter Downard shares insights gained from broad experience as both plaintiff and defence counsel in defamation cases, answering questions such as:
The Law of Libel in Canada, 5th Edition also includes an appendix with helpful precedents, including letter before action, libel notice, statement of claim, statement of defence and reply.
What's New in This Edition
Who Should Buy This Book?
PART I: LIBEL LAW AND LEGAL VALUES
Chapter 1: A Black Letter Overview
Chapter 2: Libel and Freedom of Expression
PART II: THE ELEMENTS OF THE CAUSE OF ACTION
Chapter 3: The Defamatory Statement
Chapter 4: Reference to the Plaintiff
Chapter 5: Publication
PART III: DEFENCES
Chapter 7: Absolute Privilege
Chapter 8: Reports Privileged by Statute
Chapter 9: Qualified Privilege at Common Law
Chapter 10: Responsible Communication
Chapter 11: Fair Comment
Chapter 12: Consent
Chapter 13: Notice Requirements and Limitation Periods
PART IV: REMEDIES
Chapter 14: Damages
Chapter 15: Apologies and Retractions
Chapter 16: Injunctions
Chapter 17: Screening for “SLAPP” Litigation
PART V: SLANDER AND OTHER TORTS
Chapter 18: Slander and Other Torts
APPENDIX: PRECEDENTS
Precedent 1: Letter Before Action
Precedent 2: Libel Notice (Optional)
Precedent 3: Statement of Claim
Precedent 4: Statement of Defence
Precedent 5: Reply
Table of Cases
Index