Practices: Defamation
Alexander Holburn Beaudin & Lang LLP's Defamation Practice advises clients on defamation law as part of an integrated information law practice. We assist individuals, businesses and institutions that handle and distribute information as a core component of their activities.
We provide the tested skills necessary to respond to the needs of clients engaged in print and electronic media and publishing. We work with publishers, hospitals, universities, municipal governments, school boards, in-house communications professionals, media consultants, and a broad range of business and institutional clients involving serious media issues.
Where our clients' interests mandate it, we litigate, and our depth of experience in such litigation is considerable. However, our practice emphasis focuses on risk management. We advise individuals, business and institutional clients on how to avoid defamation problems and control risk. We frequently work with professional communications staff to structure the content of press releases and advise on the handling of sensitive issues. We advise health authorities, school boards, and universities on the release of sensitive information to the public, and on internal risk management practices, particularly in relation to email and internet dissemination.
Additionally, we have extensive experience assisting clients to achieve quick resolution of defamation-related disputes where litigation is not appropriate - including mediation, advising on the handling of complaints, and in some cases published apologies, retractions and clarifications. Our experience with insurance coverage issues in information related claims enables us to advise clients when underwriters should be involved.
We appreciate that this area of law frequently requires quick action, and we respond accordingly. To ensure our clients have immediate access to the advice they need, we have three practitioners in our defamation practice group: David Gooderham, David McKnight, and Karen Zimmer, as well as the support of Eileen Vanderburgh, whose practice is focused specifically in the area of FOI and confidentiality.
Lane v. Nanaimo School District,
[2006] B.C.J. No. 154 (B.C.S.C.), 47 C.C.E.L. (3d) 219
We successfully defended a local School Board and four school trustees in a claim by a former school Superintendent arising out of extensive media coverage involving a controversy in the local media. The claim was dismissed in its entirety, and with a cost award in favor of our clients for just under $700,000.00.
Carter v. B.C. Federation of Foster Parents Assoc. et al.,
[2004] 7 W.W.R. 307 (B.C.S.C.), [2005], 10 W.W.R. 427 (B.C.C.A.)
We are counsel in one of the first Canadian cases addressing the issue of whether an owner and operator of a website can be liable for defamatory postings made by third parties. At summary trial, we successfully opposed the Plaintiff’s application for summary judgment and had the case dismissed against our clients. The appeal court remitted on of the charges to a full trial.
P.G. Restaurant Ltd. v. Northern Interior Regional Health Board et al.,
[2004] B.C.J. No. 424 (B.C.S.C.), 153 A.C.W.S. (3d) 531
We successfully defended a regional health board in an action commenced by a restaurant after the local newspaper published an article entitled “Vomit serves up virus at buffet.” The case was dismissed against our clients as it was found that the statements made by our clients did not identify the restaurant, and alternatively were protected by the defenses of fair comment, qualified privilege, and justification.
Lions Gate Marketing Co. v. Used Car Dealers Assn. of Canada,
[2005], 41 B.C.L.R. (4th) 243
We successfully appealed a decision that the words contained in a newsletter were capable of a defamatory meaning.
Other
We are currently defending a professional regulatory body facing several defamation actions, a college in an action of alleged defamation by a former instructor, and a women’s care society in an action by a former manager.
We have provided numerous papers and presentations on issues pertaining to defamation, and are willing to provide consultation upon request.
David Gooderham
Direct Line: 604.484.1788 
