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2026-11-10
Supreme Court of Canada Leaves Favourable Defamation Judgment Secured by BCA Undisturbed
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Supreme Court of Canada Leaves Favourable Defamation Judgment Secured by BCA Undisturbed

November 10th, 2026

On October 29, 2026, the Supreme Court of Canada dismissed an application for leave to appeal filed by the plaintiff in a defamation case involving a retired journalist and eight former directors of two non-profit organizations represented by BCA Avocats. This decision brings to a definitive close legal proceedings that began nearly nine years ago.

The dispute arose during the 2017 municipal election campaign in the Municipality of Austin. Just days before the election, the incumbent mayor sent an email to several leaders of local associations containing statements about her political opponent, the plaintiff. Directors of two local associations represented by BCA subsequently forwarded the email to certain members and volunteers. Claiming to have been defamed, the candidate targeted by the email initiated legal proceedings seeking approximately $1.4 million in damages.

Following a 15-day trial, the Superior Court of Québec dismissed the claim in its entirety in a judgment rendered on September 10, 2025. Accepting the arguments advanced by BCA, the Court concluded that the defendants had committed no fault in forwarding the email, even though certain statements could be considered defamatory.

The Court emphasized, in particular, that the defendants were not subject to the same verification standards as journalists and that their conduct had to be assessed in light of all the circumstances, including the electoral context, their roles within the associations, the credibility attributed to the incumbent mayor, and the members’ legitimate interest in receiving the information shared.

The plaintiff appealed the decision. On December 15, 2025, a three-judge panel of the Québec Court of Appeal unanimously granted BCA’s motion to dismiss the appeal, concluding that the appeal raised no error of law or palpable and overriding error and had no reasonable chance of success.

The plaintiff subsequently sought leave to appeal to the Supreme Court of Canada, which dismissed the application on October 29, 2026.

This final decision brings the proceedings to a definitive close and leaves undisturbed the findings of the Québec courts that the eight directors represented by BCA committed no fault.

Jasmine Guilbault, Benoît Chartier and François Laplante successfully represented the defendants throughout this litigation, with the support of the liability insurer providing coverage to the directors of the associations involved.

BCA Avocats is pleased with this favourable outcome for its clients, following nearly nine years of legal proceedings.

Links to the three decisions: