What is the test for fair comment?

New Brunswick, Canada


The following excerpt is from Ross v. Beutel, 2001 NBCA 62 (CanLII):

In Silkin v. Beaverbrook Newspapers Ltd., [1958] 1 W.L.R. 743, Diplock, J. in charging the jury explained at p. 747 the test for fair comment in the following passage which has become a formulation of the test widely accepted in the authorities and sometimes described as the "cardinal test": But the expression "fair comment" is a little misleading. It may give you the impression that you, the jury, have to decide whether you agree with the comment, whether you think it is fair ... applying the true test: was this an opinion, however exaggerated, obstinate or prejudiced which was honestly held by the writer?

Other Questions


What constitutes a comment or opinion in a judgment? (New Brunswick, Canada)
What are the elements of the common law defence of fair comment? (New Brunswick, Canada)
What is the meaning of the word "reasonable person" in the assessment of credibility? (New Brunswick, Canada)
What is the test for a home owner's disclosure statement regarding water problems in their basement or crawl space? (New Brunswick, Canada)
What is the test for making an advance payment in a personal injury case? (New Brunswick, Canada)
What is the test for determining whether one cause is culpable and the other causes is non-culpable? (New Brunswick, Canada)
What is the test for a full or partial remission of arrears in a disability case? (New Brunswick, Canada)
Does loss of earning capacity constitute a component of general damages? (New Brunswick, Canada)
How have courts dealt with assault and battery cases? (New Brunswick, Canada)
What is the impact of marriage on human rights? (New Brunswick, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.