Renvoi: Lex Situs Conflictus

Canadian Conflict of Laws Blawg by Seva Batkin

Posts Tagged ‘forum on conveniens’

Defamed in B.C.

Posted by Seva on April 16, 2008

A very quick note today about TimberWest Forest Corp. v. United Steel Workers, decided this week by Mr. Justice Bracket of the B.C. Supreme Court. The plaintiff sued a number of defendants, including a union and four individuals, for defamation based on news conferences held by the defendants in the U.S. and Canada where they alleged that the plaintiff illegally dumped debris into a lake in B.C. Two of the defendants who were not B.C. residents brought an application to dismiss for lack of jurisdiction simpliciter in B.C. courts or because B.C. is a forum non conveniens.

There was nothing particularly new about either of the arguments, but is it useful to note that the court once again confirmed that “defamation is to be located where the damage to reputation occurs”, which in this case was British Columbia. For the jurisdictional question, it does not matter where the defamatory materials were designed or printed:

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