In Canadian Union of Postal Workers v. Quebecor Media Inc., 2026 ONCA 562, the Court of Appeal dismissed the Canadian Union of Postal Workers’ (“CUPW”) appeal from the trial judge’s dismissal of their defamation action. CUPW brought an action against the respondent, Quebecor Media Inc. (“Quebecor”) for defamation arising from statements made in a broadcast and published article in July 2014 in relation to CUPW’s participation in a “Protest in Solidarity with Gaza” demonstration.
The trial judge found that although the remarks were defamatory and suggested that CUPW supported terrorism and was associated with Hamas, they were fair comment and/or responsible communication subject to statutory privilege under s. 3(2) of the Libel and Slander Act, R.S.O. 1990, c. L. 12, which provides that:
“a fair and accurate report in a newspaper or in a broadcast of the proceedings of a meeting lawfully held for a lawful purpose and for the furtherance of discussion of any matter of public concern, whether the admission thereto is general or restricted, is privileged, unless it is proved that the publication thereof was made maliciously.”
The Court of Appeal held that the trial judge correctly recognized that the fair comment defence extends even to opinions that are “farfetched or extreme” provided they are grounded in stated or otherwise known facts.
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