Defamation: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses defamation.

Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.


Kayt Barclay posted a comment on a Facebook page dealing with a soil company and a city councillor. Her comment was to the effect that the city councillor was in the back pocket of the soil company.

The soil company sued Ms. Barclay alleging that her comment was defamatory. The court dismissed the soil company’s action against Ms. Barclay classifying it as a strategic piece of litigation against public protest and using anti-slapp lawsuit legislation.

Given that this type of legislation is relatively new in legal history, how are these statements supposed to be assessed?

Watch the video for more.

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