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SCC Cusson + Grant: A Reboot for Canadian Libel Law

The Supreme Court of Canada released its reasons in Quan v. Cusson and Grant v. Torstar Corp today. These are key decisions in the area of defamation and libel, and a major victory for the media. The court recognized the new defence, of responsible communication on matters of public importance. A quote from the reasons delivered by Chief Justice Beverly McLachlin in Cusson: “The judge decides whether the publication was on a matter of public interest. If so, the jury then decides whether the standard of responsibility has been met.” Read the court’s reasons here [1]. The Globe and Mail press coverage is here [2]. Combine Cusson with the more detailed reasons set out in the Supreme Court’s decision [3] in Grant v. Torstar Corp, and we have just seen a reboot of libel law in Canada.