DEFAMATION LAW IN ATLANTIC CANADA I By Nancy Rubin, Karen Bennett-Clayton and Maggie Stewart
n the digital age, publication and republication can take place at the click of a button. People making statements, or providing a platform through which the statements are made, are exposed to potential defamation claims in
unexpected jurisdictions. Like other areas of law, defamation law in Atlantic Canada has some notable particularities.
Limitations
The limitation period in which a party must give notice and initiate a defamation claim varies from province to province in Atlantic Canada. It further
differs depending if it is a media or non-media defendant.
In Nova Scotia, within three months of becoming aware of publication in a newspaper or broadcast, the Defamation Act requires a plaintiff to give seven days notice of intent to bring a defamation claim against a daily newspaper and 14 days notice against a weekly paper or broadcaster.
The Act further
requires the action to be issued within six months of knowledge of the publication. Prince Edward Island and Newfoundland and Labrador have similar provisions in their respective defamation acts. The purpose of notice is to permit the media to publish
2 FALL 2012 DOING BUSINESS IN ATLANTIC CANADA
