Case information

Torts – Libel and slander – Defence – Qualified privilege – Applicant bringing action against former manager for his statements to prospective employer during job reference – Whether existence of qualified privilege turns only on subject-matter of communication and identity of publisher to exclusion of all other considerations or whether it can be restated with greater nuance consistent with principle of proportionality – What is extent to which defamation claim may be combined with other causes of action arising from same set of facts

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Ms. Kanak was hired at Atomic Energy of Canada Limited (“AECL”) in 2006 by Mr. Riggins as a senior cost control analyst, a position she held until 2011 when AECL’s corporate assets were sold and she, along with other employees, was laid off. In February, 2013, Ms. Kanak received a conditional offer of employment from Bruce Power as a financial analyst, which she accepted. A condition of the offer was positive reference checks. Mr. Riggin was contacted by telephone for a reference check. Bruce Power subsequently revoked its offer to Ms. Kanak on the basis of the negative employment reference it received from Mr. Riggin. Ms. Kanak brought an action in defamation against Mr. Riggin with respect to statements he made during the job reference. The trial judge dismissed the applicant’s action in its entirety. Her decision was upheld on appeal.