2002 September 19

Weiss v. Sawyer, [2001] 61 O.R. (3d) 526 (CA), affirming [2001] O.J. No. 4544 (SCJ)

The Ontario Court of Appeal unanimously held that a newspaper published on the Internet is included in the definition of “newspaper” contained in Ontario’s Libel and Slander Act, R.S.O 1990, c. L.12. Accordingly, sustaining the lower court’s decision dismissing a libel lawsuit, the Court of Appeal held that a defendant was entitled to the benefit of s. 5(1) of the Libel and Slander Act which requires a plaintiff to serve a statutory notice of intended action within six weeks after the alleged libel has come to his or her attention. The defendant had not been served with such notice and accordingly was entitled to have the action dismissed.

For details of this decision, click here.

See McConchie and Potts, Canadian Libel and Slander Actions, “Is the Libel Contained in a ‘Newspaper’?” pages 70-71.