2008 April 16

Crookes v. Yahoo, 2008 BCCA 165, affirming 2007 BCSC 1325

The British Columbia Court of Appeal held that where the Internet postings complained of by the plaintiff were posted on a website with restricted access that was not available to the public, there is no presumption it was read by anyone in British Columbia. In these circumstances, in the absence of evidence of publication from the plaintiff demonstrating there was publication to a person in British Columbia, the lower court judge did not err in dismissing this action against Yahoo.