2006 October 26

Stanley v Shaw, 2006 BCCA 467

The British Columbia Court of Appeal upheld a lower court order dismissing a defamation claim against two defendants, who were alleged to be real estates agents and officers and directors of the corporate defendant. The plaintiff had complained that the two defendants “said and did nothing” when they received an allegedly defamatory email from a third individual defendant and that their “constituted an endorsement” of the defamatory allegations. The Court of Appeal agreed with the lower court that “publication” is a necessary element of the tort of defamation and that “silence” did not satisfy that requirement.