2008 April 3

Amjay Ropes and Twines Ltd. v. Cordex North America, Inc., 2008 ONCA 247

The Ontario Court of Appeal dismissed an appeal from the lower court decision pronounced September 4, 2007 striking out a paragraph in the plaintiff’s statement of claim which alleged that a statement on the defendant company’s website was defamatory. The Court of Appeal held that even if the website statement could be taken to be a statement “of and concerning” the plaintiff Amjay (which the Court of Appeal doubted), neither the website statement or a faxed statement or an oral statement – taken in context and individually or together, were capable of bearing the defamatory meanings alleged in the statement of claim.