For those of you not following Slabbed on twitter I have a couple of links. First up is the story from LexisNexis’ Law360.com (subscription required) that I think told it best. Here is a snippet:
“The Nova Scotia Court’s oral decision does not contain specific findings of fact with respect to the falsity of Handshoe’s statements,” the opinion said. “Trout Point could not identify a single specific allegation in the statement of claim that the Nova Scotia Court found was actually false.”
Jack E. Truitt, who represented Handshoe, told Law360 Friday that the appeals court decision makes it “almost impossible to get a defamation lawsuit judgment in Canada and come here and enforce it.”
“[The SPEECH Act] has been on the books since 2010, but this is the first widely reported decision on it,” Truitt said. “From the perspective of journalists, it should help you guys sleep a little easier.”
An attorney for Trout Point did not immediately respond to requests for comment.
I know I’ve slept better ever since Bobby signed up to defend Slabbed. Quality lawyers get quality decisions and I can’t say enough good things about the job he did. I was surprised to see the otherwise loquacious Henry Laird declining comment as he frequently comments on his cases locally.
This brings me to the second link as the case was also featured on UCLA law professor Eugene Volokh’s blog. I detect some anonymous astroturfing in comments so for those that want a flavor for the other side’s viewpoint can find them in comments. Slabbed lifers have read the incomprehensible screed that was the amended complaint and it’s progeny understand neither contained any well pleaded instances of defamation under either US or Canadian law.
IgnatiusJeffReilly has a local take on the matter that is well worth reading.