Kent v. Postmedia Network Inc. et al., 2015 ABQB 461

Kent v. Postmedia Network Inc., [2015] A.R. TBEd. JL.106

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Temp. Cite: [2015] A.R. TBEd. JL.106

Arthur Kent (plaintiff) v. Postmedia Network Inc., National Post Inc., Paul Godfrey and Gordon Fisher (defendants)

(1001 16418; 2015 ABQB 461)

Indexed As: Kent v. Postmedia Network Inc. et al.

Alberta Court of Queen's Bench

Judicial District of Calgary

Campbell, J.

July 17, 2015.

Summary:

Kent, a prominent journalist, brought an action alleging that the corporate and individual defendants defamed him and/or were responsible for the failure of his bid for political office in Alberta. The alleged defamation was contained in a news article allegedly published by the National Post and subsequently republished by the National Post and Postmedia. The individual defendants, Godfrey and Fisher, applied for summary judgment dismissing all claims against them personally. The substantive allegations against them were that they had control over the actions of the corporate defendants (Godfrey as President, Chief Executive Officer and a director of Postmedia, and Fisher as an employee of Postmedia and as Chairman of National Post Inc. and the National Post) and had defamed Kent through their failure to take active steps to remove the article from Postmedia websites when they knew it was defamatory.

The Alberta Court of Queen's Bench granted the application and dismissed the action against Godfrey and Fisher. The evidentiary record did not support a genuine issue requiring a trial as to the personal liability of the two individuals, separate and distinct from that of Postmedia and the National Post, in the alleged defamation.

Company Law - Topic 4404

Officers and agents - General - Knowledge of - In personal and corporate capacity - See paragraphs 45 to 80.

Libel and Slander - Topic 67

General - Persons liable - Corporations (incl. directors) - See paragraphs 45 to 80.

Libel and Slander - Topic 1901

Publication - General - Requirement of - See paragraph 52.

Practice - Topic 5702

Judgments and orders - Summary judgments - Jurisdiction or when available or when appropriate - See paragraphs 30 to 33.

Practice - Topic 5715

Judgments and orders - Summary judgments - Burden on applicant - See paragraph 34.

Practice - Topic 5719

Judgments and orders - Summary judgments - To dismiss action - See paragraphs 30 to 80.

Counsel:

Arthur Kent, the plaintiff, self-represented litigant;

G. Scott Watson (Parlee McLaws LLP), for the defendants.

This application for summary dismissal was heard on May 25, 2015, before Campbell, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment and reasons, dated July 17, 2015.