2012 May 14

Gichuru v Pallai, 2012 BCSC 693

Following a summary trial (on affidavits and transcript evidence from pre-trial examinations for discovery), the British Columbia Supreme Court dismissed a defamation action over an anonymous posting in October 2010 on the Discover Vancouver website. The Court held that the plaintiff “did not submit any evidence that anyone had read the allegedly defamatory statement and in general did not address submissions with respect to the issue of publication.” The onus was on the plaintiff to prove publication to a third party, which the Court held he failed to do on the evidence. The Court also held, in the alternative, that the defendants had established a defence of fair comment and rejected the plaintiff’s submission the defendants had been guilty of actual malice which would have voided that defence.