Case information

Limitation of actions — Bias, apprehension of bias — Breach of the principles of fairness and impartiality — Whether action is statute barred by limitation period in Defamation Act, R.S.P.E.I. 1974, c. D 5 — Whether potential defamation action arises every day that defamatory material remains on a website — Application of single publication rule — Exclusion of libelous statement from consideration — Whether hyperlinks constitute republication — Whether Court of Appeal erred by viewing statements individually, ignoring their plain and ordinary meaning or ignoring innuendo?

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.

On May 16 and 17, 2016, the Guardian newspaper, now the property of Saltwire Network Inc., published an article and an opinion piece written by its employee Ms. McKenna. It also posted the article and opinion piece on its website with hyperlinks linking them to one another. On October 30, 2017, Mr. Ayangma commenced an action claiming defamation, pursuant to the Defamation Act, R.S.P.E.I. 1974, c. D 5. He later amended the claim to include negligence. Saltwire Network Inc., Ms. McKenna and Mr. Ross filed a statement of defence that in part pleads that the 6 month limitation period in s. 15 of the Defamation Act bars the action. Saltwire Network Inc., Ms. McKenna and Mr. Ross brought a motion for summary judgment. The motion judge held the statement of claim is statute barred because it was outside the limitation period and dismissed the action. Mr. Ayangma appealed. Before the Court of Appeal, Mr. Ayangma provided a document which he described as an aid to his oral argument. Counsel for Saltwire Network Inc., Ms. McKenna and Mr. Ross argued it included a new alleged defamatory statement. The Court of Appeal dismissed the appeal.