Simon's Legal Resources

Torts - Defamation (L&SA) - Privilege

. Canadian Union of Postal Workers v. Quebecor Media Inc.

In Canadian Union of Postal Workers v. Quebecor Media Inc. (Ont CA, 2026) the Ontario Court of Appeal dismissed an appeal, here brought against the dismissal of an "action against the respondents for defamation stemming from a broadcast aired on July 23, 2014, and a column that appeared in print and online on July 28, 2014", these regarding suggestions "that CUPW supported terrorism, and was associated with Hamas".

Here the court consider the statutory privilege provision of Libel and Slander Act s.3(2) ['Privileged reports']:

e. Statutory Privilege

[76] Nor do I see any error in the trial judge’s decision to apply the defence of statutory privilege to the basic facts contained in the broadcast and column.

[77] Section 3(2) of the Libel and Slander Act provides that “a fair and accurate report ... in a broadcast of the proceedings of a meeting lawfully held … and for the furtherance of discussions of any matter of public concern … is privileged.”

[78] The trial judge accepted that the broadcast and column fairly and accurately reported on the demonstration, CUPW’s involvement, and the Hamas flag flown near the CUPW demonstrators. Deference is owed to these findings of fact.