Case information
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38675
Canadian Broadcasting Corporation, et al. v. AARC Society (Alberta Adolescent Recovery Centre)
(Alberta) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2019-10-25 | Close file on Leave | |
| 2019-10-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-10-25 | Judgment on leave sent to the parties | |
| 2019-10-24 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1801-0257-AC, 2019 ABCA 125, dated April 8, 2019, is dismissed with costs. It is not necessary to decide the applicants’ motion to strike. Martin J. took no part in the judgment. Dismissed, with costs |
|
| 2019-09-16 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-09-16 | Submission of motion to strike out, for consideration by the Court | |
| 2019-08-12 | Motion to strike out, (Book Form), Missing: Filing Fee (rec' 08/19/19), Completed on: 2019-08-20 | Canadian Broadcasting Corporation |
| 2019-08-12 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2019-08-12 | Canadian Broadcasting Corporation |
| 2019-08-02 | Certificate (on limitations to public access), (Letter Form) | AARC Society (Alberta Adolescent Recovery Centre) |
| 2019-08-02 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-08-06 | AARC Society (Alberta Adolescent Recovery Centre) |
| 2019-06-11 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2019-06-07 | Book of authorities, (Book Form), Completed on: 2019-06-11 | Canadian Broadcasting Corporation |
| 2019-06-07 | Certificate (on limitations to public access), (Letter Form) | Canadian Broadcasting Corporation |
| 2019-06-07 |
Application for leave to appeal, (Book Form), Missing: 4 copies of the Book of Authorities - received June 11, 2019 , Completed on: 2019-06-11 |
Canadian Broadcasting Corporation |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Canadian Broadcasting Corporation | Applicant | Active |
| Gillian Findlay, Morris Karp, David Studer | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| AARC Society (Alberta Adolescent Recovery Centre) | Respondent | Active |
Counsel
Party: Canadian Broadcasting Corporation
Counsel
Tess Layton
Danielle Stone
3200, 10180-101 Street
Edmonton, Alberta
T5J 3W8
Telephone: (780) 497-3307
FAX: (780) 429-3044
Email: mwoodley@rmrf.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
Party: Gillian Findlay, Morris Karp, David Studer
Counsel
Tess Layton
Danielle Stone
3200, 10180-101 Street
Edmonton, Alberta
T5J 3W8
Telephone: (780) 497-3307
FAX: (780) 429-3044
Email: mwoodley@rmrf.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
Party: AARC Society (Alberta Adolescent Recovery Centre)
Counsel
4500 Bankers Hall East
855 - 2nd Street S.W.
Calgary, Alberta
T2P 4K7
Telephone: (403) 298-3204
FAX: (403) 265-7219
Email: stapong@bennettjones.com
Summary
Keywords
Limitation of actions — Defamation — Cause of action — Whether a new cause of action arises each and every time an allegedly defamatory publication is accessed on the internet — If the answer is no, whether a reposting of the same allegedly defamatory publication in the same place online gives rise to a new cause of action.
Summary
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.
The respondent AARC provides treatment for addicted adolescents. The applicants are the CBC and three of its employees. In 2009, CBC broadcast a Fifth Estate program entitled “Powerless”, which criticized AARC. Shortly after the broadcast, CBC posted the “Powerless” program on its webpage. An action in defamation was commenced by AARC against CBC et al. in 2011. The program remained on the webpage until sometime in March 2017 when it was removed. CBC reposted the program later in 2017. After this reposting, AARC filed an application seeking an order granting it permission to amend its claim. The Court of Queen’s Bench of Alberta denied some of the amendments on the basis that they represented a marked departure from AARC’s original strategy. The Court of Appeal was divided. Wakeling J.A. allowed the appeal. In his view the chambers judge made reversible errors. Pentelechuk J.A. concurred in the result, and McDonald J.A. dissented.
Lower court rulings
Court of Queen’s Bench of Alberta
2018 ABQB 324,1101 05339
Respondent’s application to amend its claim allowed in part
Court of Appeal of Alberta (Calgary)
2019 ABCA 125, 1801-0257-AC
Appeal allowed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available