2012 December 12

Walsh Energy Inc. (c.o.b. The Energy Centre) v Better Business Bureau of Ottawa-Hull Inc., 2012 ONSC 5819

The Ontario Superior Court of Justice dismissed an action against the Better Business Bureau over allegedly libelous ratings on its website. The Court noted that although the BBB opinions are published on the Internet, they must be searched individually by consumers wishing to obtain information about a specific company such as the plaintiff. In all the circumstances, the ratings were published on an occasion of qualified privilege. The Court held that it was clearly in the public’s interest that ratings opinions from the BBB should be available. Pursuant to its objects, the BBB is under a duty to accumulate and supply such information. The Court also concluded the BBB ratings were protected by the defence of fair comment. The Court held that there was no evidence of actual malice which would have negated the qualified privilege and fair comment defences.