Carter v. B.C. Federation of Foster Parents Assn.
Page 5
declaration that the Federation had republished statements made in the Bopeep
Forum and that it had published defamatory words in its own forum, the
decided the Rule 18A application in favour of the respondent, the defendant
Federation, and dismissed the claims of defamation brought against the Federation
by the appellant. The appellant argues here that the judge erred in so ruling.
[8]
The judge found that by merely disseminating the Network newsletter, which
the appellant admits did not contain any material specifically defamatory of the
appellant but which merely contained a reference to the Bopeep Forum on which
could be found the defamatory material, the defendant did not publish the
defamatory material. In the course of his reasons, the judge noted this as the basis
for the claim advanced against the Federation regarding the Bopeep material (at
para. 35):
On March 12, 2002, the plaintiff’s solicitor, responding to a
demand for particulars set forth the plaintiff’s claims against the
Federation as follows:
Re: Carter v. BCFFPA et al.
In further answer to your demand for particulars, and further to
our telephone conversation of March 12, 2002, you may rely on
our representation that the complaint against your client is that
your client forwarded letters to its members, which letters were
prepared by the Network, and which letters contained the
address of the forum. To the best of our knowledge, none of
those letters which were forwarded contained comments which,
in themselves, were defamatory. Of course, if such should
surface during discovery of your client, our pleadings and our
position might well then change.
2005 BCCA 398 (CanLII)
aforementioned Dberlane comment, concerning the appellant. The trial judge