CASE NO. VOL. NO. PAGE
Southam Inc., as publisher of the Daily News D. Wayne Butler & Lee Keating
and Parker Barss Donham
- and -
(Appellants) (Respondents)
CAC 182778 Halifax, N.S. SAUNDERS, J.A.
(Orally)
[Citation: Southam Inc. v. Butler, 2002 NSCA 149]
APPEAL HEARD: November 26, 2002
JUDGMENT DELIVERED: November 26, 2002
SUBJECT: Defamation. Consent. Application to strike a claim. CPR’s 21.03 and 25.
SUMMARY: The appellants, a journalist and a newspaper, appealed from the chambers judge’s decision where he dismissed their application to strike the respondents’ defamation claim as not disclosing a cause of action. The appellants argued that because the two respondents, both youth workers at the Shelburne School for Boys, had consented to appearing on the television program The Fifth Estate, they were precluded from recovering damages for defamation.
HELD: Appeal dismissed. The respondents’ consent to appearing on that nationally broadcast television program did not amount to a license or consent to the appellants to publish whatever they chose. Costs of $1,500.00, payable to the respondents forthwith.
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This information sheet does not form part of the court’s decision. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 3 pages. |