Libel & Defamation; The Verdict of The Supreme Court of Canada

 In general, lawyers who convey to Condo owners threats of “Cease-And-Desist” followed by a stern warning to keep your mouth shut about the shortcomings of The Board of Directors and/or The Management Company, do so with a condescending attitude based on the assumption that the Condo owner is nothing short of an idiot who has no clue about the rules and regulations of the realm, and The Supreme Court of Canada, for a Condo owner, is the newest brand name of a chocolate bar introduced to the Canadian market.

Often, lawyers do not take into consideration the fact that a Condo owner may not have a fancy professional designation at the end of his name, such as a juris doctor (J.D.) or bachelor of laws (LL.B), but that doesn’t necessarily mean that the Condo owner lives in an information vacuum dominated by an ignorance of the laws.

A lengthy introduction to highlight the fact that journalists, and Public Interest Bloggers (PIB), cannot perform their duties without understanding the scope of their obligations and the legal ramifications of their publications. We do not need the derision of lawyers, nor intimidations to realize that we face “Serious Risks”, often with dire consequences, especially when confronting law firms and corporations with deep pockets that can easily destroy a Public Interest Journalist (PIJ)/Blogger with lengthy lawsuits designed to bankrupt the person, and force him/her to refrain from revealing the truth about Corporate corruption, unethical modes of operations, and sheer contempt of the collective good by a culture of greed obsessed with profit.

We carry our mission with courage, and for us “Courage is not the absence of fear. It is the dedication to make the right move despite the presence of FEAR.” Our fears have been partially alleviated by The Supreme Court of Canada, when the highest Court in the realm declared in 2009 that Journalists/Public Interest Bloggers (PIB) can use the defence of "Responsible Communication" when facing defamation/libel law suits.

In a nutshell, The Supreme Court of Canada declared that a Journalist or a PIB can be absolved from any liability (a) if an attempt was made to verify the facts, and (B) the published material is a matter of public interest.  

Of course prior to publishing an article, I do solicit the opinion of the parties allegedly involved in wrongdoings, and I do consider the issues I promote through my articles as matters of “Public Interest”, because undeniably for almost 90% of Condo owners, their apartment/property is the biggest investment of their lives. Board of Directors and Management Companies adopt measures an decisions that can have a very serious impact on the biggest investment of a Condo owner, thus the vigilance and the need to hold the 4th Government, The Board, accountable for any neglect of duty that may endanger life and property.

Without freedom of speech we cannot seek accountability. Without accountability power can become blind, destructive, and used and abused for the profit of the few at the expense of the multitude facing the risk of losing their biggest investment that required decades of hard work to reach the “Mortgage Free Dwelling” status. 

n.b.
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