SCC creates defence of public interest responsible communication

Torys acted as counsel to the Canadian Civil Liberties Association, the intervener, with a team that included Trisha Jackson, Andrew Bernstein and Jennifer Conroy.

On December 22, 2009, the Supreme Court of Canada recognized a new defence of "public interest responsible communication" in the companion cases of Grant v. Torstar Corp, 2009 SCC 61 and Quan v. Cusson, 2009 SCC 62. This defence will protect statements of fact on matters of public interest, even if the defendant cannot prove the statements published were true, provided the defendant can "show that publication was responsible, in that he or she was diligent in trying to verify the allegation(s), having regard to all the relevant circumstances."

In Grant v. Torstar Corp, 2009 SCC 61, the Supreme Court of Canada upheld the Ontario Court of Appeal's decision overturning a jury verdict against the Toronto Star that had awarded C$1.475 million in damages to a northern Ontario businessman and his private corporation for libel.

In Quan v. Cusson, 2009 SCC 62, the Court ordered a new trial and overturned a jury verdict of C$100,000 against the Ottawa Citizen.

Further information on the decisions can be found on The Supreme Court of Canada's website (Grant v. Torstar Corp and Quan v. Cusson), and on The Globe and Mail's website.