2012 December 31

Oullette v. Canada (Attorney General), 2012 ONSC 7375

The Ontario Superior Court of Justice held that a defamation lawsuit by a military officer concerning emails circulated by his subordinates was premature. The plaintiff first had to exhaust a dispute resolution/arbitration process prescribed by the employment relationship.

The Court rejected defence submissions, however, that s. 5 of the Ontario Libel and Slander Act obligated the plaintiff to give notice to the defendants within six weeks of becoming aware of the allegedly defamatory emails. The Court stated: “The emails were private communications within [the Department of National Defence], as was the lecture material. These were not broadcasts. They fall outside the provisions of the Libel and Slander Act.”