Part 67.

DEFAMATION.

Proposed Amendments.

Arrangement.

Rule l.-New Division heading.
2.-Substituted Rule 1. (Application)
3.-New Division 2.

DIVISION 2.-Proceedings of matter published after 1970.

Rule 9.-Application.
10.-Interpretation.
11.-Consolidation.
12.-Statement of Claim.
13.-Particulars: publication and innuendo.
14.-Defence generally.
15.-Truth generally.
16.-Truth: contextual amputations.
17.-Qualified privilege.
18.-Comment.
19.-Particulars of defence.
20.-Malice etc.: reply and particulars.
21.-Interrogatories.
22.-Statement in open Court.
23.-Offer of amends: determination of questions.

Part 67 of the Supreme Court Rules, 1970, is amended as follows:-
1. After the heading “DEFAMATION” and before rule 1, insert the following-	New Division heading.
DIVISION l.-Proceedings for matter published before 1972.
2. Omit rule 1, insert in its place the following:
1. This Division applies to proceedings for defamation in respect of matter published before the commencement of the Defamation Act, 1971.	Sustituted Rule 1. (Application.) New Divisions 2.
3. After rule 8, insert the following Division:-
DIVISION 2.-Proceedings for matter published after 1971.
9. This Division applies to proceedings for defamation in respect of matter published after the commencement of the Defamation Act, 1971.	Application.
10. (1) In this Division, unless the. context or subject-matter otherwise indicates or requires, “defence” includes any matter of privilege, protection, justification or excuse.	Interpretation.
(2) In this Division, “imputation in question”, in relation to any defence, means the imputation as to which the defence is pleaded.
11. (1) Where several proceedings are pending in respect of the same, or substantially the same, defamatory matter, the Court may, on terms, order that proceedings be consolidated or may order that they be tried at the same time or one immediately after another or may order that any of them be stayed until after the determination of any other of them.	Consolidation. cf. Act No. 39, 1958, s.23; R.S.C. (Rev. 1965, O.4 r.10.
(2) This rule does not limit the operation of Part 12 rule 2.
12. (1) A statement of claim shall not include any allegation that the matter complained of or its publication was false, malicious or unlawful.	Statement of claim.
(2) A statement of claim-
(a) shall, subject to subrule (3), specify each imputation on which the plaintiff relies; and
(b) shall allege that the imputation was defamatory of the plaintiff.
(3) A plaintiff shall not rely on two or more amputations alleged to be made by the defendant by means of the same publication of the same report, article, letter, note, picture, speech or thing, unless the amputations differ in substance.
(4) Subject to rule 13 (c), a statement of claim need not show how the matter complained of bore the sense of any imputation on which the plaintiff relies.	cf. Act No. 21, 1899, s.72; 46 and 47 Vict. c.49, s.5(b).
13. The particulars required by Part 16 rule I in relation to a statement of claim shall include-	Particulars: publication and innuendo.
(a) particulars of any publication on which the plaintiff relies to establish his cause of action, sufficient to enable the publication to be identified;	cf. R.S.C. (Rev.) 1965, 0.82 rr.2, 3(1).
(b) particulars of any publication, circulation or distribution on which the plaintiff relies on the question of damages, sufficient to enable the publication, circulation or distribution to be identified; and
(c) where the plaintiff alleges that the matter complained of had a defamatory meaning other than its ordinary meaning, particulars of the facts and matters on which he relies to establish that defamatory meaning.
14. (1) Subject to rules 15 to 18, a defendant shall plead any defence specifically.	Defence generally. cf. General Rules of the Court, 0.30 r.30A.
(2) Where a plaintiff relies on two or more alleged defamatory amputations, a defence shall specify to what alleged imputation or amputations it is pleaded.
15. Subject to rule 14 (2), a defence under section 15 (2) of the Defamation Act, 1971, is sufficiently pleaded if it alleges-	Truth generally.
(a) that the imputation in question was a matter of substantial truth; and
(b) either-
(i) that the imputation in question related to a matter of public interest; or
(ii) that the imputation in question was published under qualified privilege.
16. Subject to rule 14 (2), a defence under section 16 of the Defamation Act, 1971, is sufficiently pleaded if it-	Truth: contextual imputations.
(a) alleges either-
(i) that the imputation in question related to a matter of public interest; or
(ii) that the imputation in question was published under qualified privilege;
(b) specifies one or more amputations on which the defendant relies as being contextual to the imputation in question;
(c) as to each imputation on which he so relies-
(i) alleges either that it related to a matter of public interest or that it was published under qualified privilege; and
(ii) alleges that it was a matter of substantial truth; and
(d) alleges that, having regard to the publication of the amputations on which he so relies, the imputation in question did not materially injure the reputation of the plaintiff.
17. (1) This rule applies-	Qualified priviledge.
(a) to a defence under Division 4 of Part III of the Defamation Act, 1971; and
(b) subject to subrule (2), to any other defence of qualified privilege.
(2) This rule does not apply to a defence under Division 5 of Part III of that Act (which Division relates to protected reports, etc.) or under Division 6 of that Part (which Division relates to court notices, official notices, etc.) or under Division 7 of that Part (which Division relates to comment).
(3) Subject to rule 14 (2), a defence is sufficiently pleaded if it alleges that the imputation in question was established under qualified privilege.
18. (1) This rule applies to a defence under Division 7 of Part III of the Defamation Act, 1971.	Comment.
(2) Subject to rule 14 (2), a defence is sufficiently pleaded if it -
(a) either-
(i) alleges that the imputation in question was comment based on proper material for comment and upon no other material; or
(ii) alleges that the imputation in question was comment based to some extent on proper material for comment and represented an opinion which might reasonably be based on that material to the extent to which it was proper material for comment;
(b) alleges that the imputation in question related to a matter of public interest; and
(c) either-
(i) alleges that the imputation in question was the comment of the defendant;
(ii) alleges that the imputation in question was the comment of a servant or agent of the defendant; or
(iii) alleges that the comment was not, and its context and in the circumstances of the matter complained of did not purport to be, the comment of tht defendant or of any servant or agent of his.	cf. G.R.C., 0.14 r.18A (1)(i), (ii).
(3) The particulars required by Part 16 rule 1 shall include-
(a) particulars identifying the material upon which it is alleged that the imputation in question was comment and identifying to what extent that material is alleged to be proper material for comment;
(b) as to material alleged to be proper material for comment, particulars of the facts and matters on which the defendant relies to establish that allegation.
(4) Subrule (3) (b) does not extend to particulars of the facts and matters on which the defendant relies to establish that any material was true or was a matter of substantial truth.
(5) Where a defendant relies on a defence under section 33 of the Defamation Act, 1971 (which section relates to comment of a servant or agent of the defendant), the particulars required by Part 16 rule I shall include particulars identifying the servant or agent of the defendant whose comment the imputation in question is alleged to be.
(6) Subrules (3), (4) and (5) do not limit the operation of rule 19.
19. (1) The particulars of defence required by Part 16 rule 1 shall include particulars of the facts and matters on which the defendant relies to establish that-	Particulars of defence.
(a) any imputation or material was or related to a matter of public interest;	cf. G.R.C., 0.14 r.18A(2)(i).
(b) any imputation was published under qualified privilege.
(2) Where a defendant intends to make a case in mitigation of damages by reference to-
(a) the circumstances in which the publication complained of was made;	cf. R.S.C. (Rev.) 1965, 0.82 r.7.
(b) the character of the plaintiff;	cf. ibid.
(c) any apology for, or explanation or correction or retraction of, any imputation complained of;
(d) any recovery, proceedings, receipt or agreement to which section 49 of the Defamation Act, 1971, applies-
he shall give particulars of the matters on which he relies to make that case.
(3) Where a defendant intends to show, in mitigation of damages, that any imputation complained of was true or was a matter of substantial truth, he shall give particulars identifying the imputation and stating that intention.
(4) The particulars required by subrules (2) and (3) shall be set out in the defence or, if that is inconvenient, shall be set out in a separate document referred to in the defence and that document shall be filed and served with the defence.
(5) The powers of the Court under Part 16 rule 7 shall extend to orders in relation to particulars of the facts and matters on which the defendant relies to establish that any imputation or material was true or was a matter of substantial truth.	cf. G.R.C., 0.14 r.18A(1)(iii), (2)(ii).
20. Where a plaintiff intends to meet any defence by alleging that-	Malice etc.; reply and particulars.
(a) the defendant was actuated by express malice in the publication of the imputation in question;	cf. R.S.C. (Rev.) 1965, 0.82 r.3(3).
(b) the publication by the defendant of the imputation in question was not in good faith for public information or the advancement of education or the advancement of enlightenment; or
(c) the imputation in question did not, at the time of the publication complained of, represent the opinion of the defendant or a servant or agent of his, being a person alleged by the defendant to be the author, or an author. of the imputation in question-
-then-
(d) the plaintiff shall plead that allegation by way of reply; and
(e) the particulars required by Part 16 rule 1 in relation to the reply shall include particulars of the facts and matters on which the plaintiff relies to establish that allegation.
21. Interrogatories as to the sources of information or grounds of belief of a defendant shall not be allowed on an issue arising on an allegation made in reply in accordance with rule 20.	Interogatories. cf. R.S.C. (Rev.) 1965, 0.82 r.6.
22. Where-	Statement open in Court.
(a) a plaintiff accepts money brought into Court under Part 22 in satisfaction of a cause of action for defamation; or	cf. R.S.C. (Rev.) 1965, 0.82 r.5.
(b) proceedings for defamation are settled-a party may, with the leave of the Court, make in open Court a statement approved by the Court in private.
23. The Court may hear an application and determine any question pursuant to section 39 of the Defamation Act, 1971, in the absence of the public.	Offer of amends; determination of questions. cf. R.S.C. (Rev.) 1965, 0.82 r.8(1).