Thursday, March 03, 2011

Defamation lawsuit fails in Canada

We read:
"The case began in November 1998 — yes, the wheels of justice do move slowly — when a Montreal talk show host vented against Arab and Haitian cab drivers. The comments accused the cabbies of uncleanliness, incompetence, arrogance and corruption.

One cab driver, Bou Malhab, believed the comments lowered his reputation so he started a defamation lawsuit. But he didn’t sue for himself alone; he sued on behalf of all Arab and Haitian cabbies in Montreal. After a long road through the judicial system the top judges of Canada were asked to decide on the legality of this group defamation lawsuit....

But in a 6-1 decision in mid-February, our top court judges ruled the group defamation lawsuit couldn’t succeed. In reaching this conclusion the court solidified the law that no one is entitled to compensation “solely because he or she is a member of a group about which offensive comments have been made.”

More importantly, the fact someone “feels humiliated, sad or frustrated is not a sufficient basis for an action in defamation.”

Source

4 comments:

Anonymous said...

WOW! Is common sense and rational thinking making a come-back in Canada?

stinky said...

Common sense and rational thinking never left, excepting in our chattering classes and, occasionally, those so young that they have only their education/indoctrination to go by, with no significant life experience yet by which to learn the truth.

In this case, it is indeed heartening to see our judges display rationale instead of cant, and by a 6-1 margin no less!

Anonymous said...

Even so, it took 13 years and some asshat judge still thought it was a valid case!

-L

Anonymous said...

Hard to believe this came out of Canada.