Carter v. B.C. Federation of Foster Parents Assn.
Page 10
that judgment, the Court of Appeal set forth the substance of the single publication
Some time was taken during the appeal in exploring, with the
help of American authorities, the nature of the "single publication rule"
in the United States. We take the following clear statement of that rule
from the judgment of District Judge Holtzoff sitting in the United States
District Court for the District of Columbia in Ogden v Association of the
United States Army (1959) 177 F Supp 498, 502:
"From the foregoing discussion the conclusion is
inescapable that the modern American law of libel has adopted
the so-called 'single publication' rule; and, therefore, this
principle must be deemed a part of the common law of the
District of Columbia. In other words, it is the prevailing
American doctrine that the publication of a book, periodical or
newspaper containing defamatory matter gives rise to but one
cause of action for libel, which accrues at the time of the original
publication, and that the statute of limitations runs from that
date. It is no longer the law that every sale or delivery of a copy
of the publication creates a new cause of action."
[16]
In the instant case, Taylor J. found that since the appellant knew more than
two years prior to the amendment of her statement of claim of the existence of the
Dberlane comment, she could not rely on the continued presence of the item on the
forum in the spring of 2002 as a foundation for advancing her claim against the
Federation. The judge said this at para. 84 of his reasons:
If the plaintiff is correct in terms of a republication occurring
each time a user accesses the forum and such a user was able to read
the Dberlane comment, quite apart from the myriad of other innocent
postings, then a site provider (as opposed to a service provider such
as Blue Frogg) such as the Federation could never avail itself of any
limitation period defence.
A similar argument was advanced unsuccessfully in the Loutchansky case. In
Loutchansky, the court observed:
2005 BCCA 398 (CanLII)
rule: