The present statutory notice and limitation provisions are part of the fabric of defamation law that has developed in this province and are reflected elsewhere in Canada. A delicate balance has been struck between the need for the media to publish and broadcast important information on a timely basis and the protection of individual reputations. As a strict liability tort, libel imposes a heavy onus on defendants who must prove with admissible evidence each of their available defences.
Damages are at large and are subject to minimal appellate review.
Conduct after publication right through the course of litigation can be held against defendants to establish malice and increase damage awards. The LSA has been used over time to ameliorate this strong bias in favour of the plaintiff under the common law. The legislation has stood well the test of time, and we are not aware of concerns raised by members of the public, the legal profession or the courts against the existing provisions. No changes should be made without carefully considering their impact on all aspects of the law. Ad IDEM was formed in November 1998 as a national association of lawyers who practice media law, representing most of the major media organizations and their journalists across Canada.