2003 October 22

Bahlieda v. Santa, [2003] O.J. No. 4091, 68 O.R. (3d) 115 (CA), reversing [2003] O.J. No. 1159

The Ontario Court of Appeal set aside a lower court ruling which had determined that material placed on a website and made available through the Internet is “broadcast” within the definition of the Ontario Libel and Slander Act, thereby triggering the notice requirement.

The Court of Appeal held that this issue was too complicated to be decided on a summary judgment application and should be determined at a full trial where expert witnesses on the subject could be cross-examined in the presence of the court.

See McConchie and Potts, Canadian Libel and Slander Actions, “Is the libel contained in a ‘broadcast’?“page 152.