Carter v. B.C. Federation of Foster Parents Assn.
Page 7
If in such cases such mention of a magazine article could not
constitute a republishing of a defamatory comment contained in the
article, then what occurred here was even more remote as a reference
was made to a website that contained all manner of participants’
comments including the Bopeep comment.
[10]
The appellant argues, making special reference to the case of Hird v. Wood
(1894), 38 S.J. 234 (C.A), that the respondent Federation should have been found
liable for referring recipients of the Network newsletter to the website where the
offensive comments could be found. The Hird case concerned an application for a
new trial of a libel action. The plaintiff appellant owned a number of cottages in a
village and lived in one of the cottages. A new business was set up by boilermakers
near to the cottages and the plaintiff obtained an injunction to restrain the carrying
on of the business in such a way as to be injurious to his property and as a result the
boilermakers' business terminated. Certain individuals in the neighbourhood were
displeased by this result and decided to take up a subscription for the persons
whose business had been terminated. On a public occasion, a placard was set up
containing a notice that subscriptions might be donated to the former owners of the
business "who have been ruined in their business and their living taken away by the
animosity of one man". I take it from the report of the case that it was common
ground that the one man referred to was the plaintiff appellant. Throughout the first
trial there was no evidence as to who wrote the words on the placard or who erected
it, but it was proven that the defendant took up a position near to the placard and
remained there pointing at the placard with his hand and attracted attention of
2005 BCCA 398 (CanLII)
comments without reference to the comments could not amount to a
republication of the defamatory comments.