SPB review notes
Appearance
- See generally https://en.wikipedia.org/wiki/Canadian_defamation_law and https://en.wikipedia.org/wiki/Defamation
- "Development" - remove this heading and make it the top introduction. Begin with a general definition of defamation. Then distinguish libel and slander (no need for boxes here).
- "Common law elements" - draw from some of the many definitions in the primary case law, rather than quoting directly from the textbook here. Same for your definition of "Defamatory words". Or you could draw from and cite https://www.thecanadianencyclopedia.ca/en/article/defamation
- Great citation to Hansman v. Neufeld, 2023 SCC 14, although the link is broken. Link to CanLII version.
- Statutes: remove these boxes and just use a bullet point list. Note that typically defamation statutes modify or reaffirm common law doctrines, rather than replacing common law with statute.
- Defences: again, aim to reference all of the basic principles and definitions by citing to primary case law, rather than a textbook. The textbook is a resource to help you locate and understand the law, but it is not a source of law in itself. To the extent you cite textbook, it should be "see ..." after citing a primary source.
- For each defence, at a brief explanation of why the defence is recognised. What is the purpose of the defence?