Canadian Union of Postal Workers v Quebecor Media Inc 2016 ONCA 206
From Ad IDEM / CMLA
The ONCA overturned a lower court judgment on a Rule 21 motion, finding that the appellant met the notice requirements of the LSA.
In the lower court the judge held that the appellant’s notices did not comply with the requirements under s. 5(1) of the Libel and Slander Act, R.S.O.1990, c. L.12 (“LSA”), because, while they identified the matters complained of by the appellant, they failed to sufficiently specify those matters.
The appellant successfully argued that the motion judge erred in holding that its s. 5(1) notices were deficient and argued that its notices fulfilled the requirement under s. 5(1) of the LSA that the notices specify the matter complained of by the appellant.
As to the second issue which had been raised in the original motion, and was not ruled on, that the appellant, as an unincorporated trade union, had no capacity to bring an action in defamation, the ONCA stated "that issue is best left for trial on a full record."