Dismissal of Libel Action on Demurrer Upheld by the Court of Appeal

January 1, 2004

Plaintiff and Defendant, both scientists and professors, collaborated with several colleagues in a project which included scientific research, case and case studies for the purpose of writing a scientific journal. Defendant and Plaintiff disagreed over the control of the project and openly exchanged emails about their disagreements, which were delivered to all project participants. The emails reflected challenges to each others findings, support and practices concerning the project. Plaintiff was not pleased that his findings were being challenged and filed an action for libel against Defendant.

Defense argued that the communications were statements of opinions rather than facts and therefore not actionable unless provable false facts could reasonable be implied from the opinions. The case was dismissed and Plaintiff appealed. The Court of Appeal affirmed the decision of the trial court sustaining the demurrer filed on behalf of Defendant and dismissing the action for libel filed by Plaintiff.

This matter was handled by Michael J. Nunez and Pascale Gagnon-Morris.