Carter v. B.C. Federation of Foster Parents Assn.
Page 8
passers-by to the placard. At the first trial, the presiding judge held that there was
no evidence of publication and directed a verdict for the defendant. The Court of
jury and ordered a new trial.
[11]
In the course of his reasons, Taylor J. made reference to Tacket v. General
Motors Corp., 836 F.2d 1042 (7th Cir. 1987). In that case, it was held that where a
sign defamatory of the plaintiff was left on a plant wall for several months, it was a
question of fact for a jury to decide whether or not the defendant employer could be
found liable for defamation of the plaintiff employee. Obviously in that case, the
employer had control over the plant premises. In the instant case, there is no
suggestion that the Federation had any measure of control relative to the Bopeep
Forum. Thus the Tacket case affords little assistance in this case.
[12]
In my opinion, the factual situation here is closer to the situation found to exist
in the New York cases of MacFadden v. Anthony, 117 N.Y.S.2d 520 (Sup. Ct.
1952) and Klein v. Biben, 296 N.Y. 638 (Ct. App. 1946), referred to by the trial
judge, where the courts held reference to an article containing defamatory comment
without repetition of the comment itself should not be found to be a republication of
such defamatory comment.
[13]
Unlike the situation found in the Tacket case, there was here no element of
control by the Federation over the Bopeep Forum and the facts of the instant case
are quite distinguishable from the situation found to exist in the Hird case. In Hird,
the defendant took active steps to draw the attention of persons to the defamatory
2005 BCCA 398 (CanLII)
Appeal held that there was evidence of publication sufficient to be passed on by a