Quarterly Report - Association of Condominium Managers of Ontario

Be Prudent in Newsletters,
Minutes and on Websites When
Libel or Slander Can Result!
The following is some recent case law on
libel and slander (two of the cases at condominiums).
LIBEL refers to defamatory words in a
newspaper or in a broadcast. Slander
refers to a defamatory statement (words
spoken) intended to injure the reputation
of another. A statement is defamatory if it
tends to lower the estimation of a person
in the eyes of a reasonable person.
Marika Property Management Inc. v.
Cappuccitti (1997): Marika Property Management
Inc. successfully sued Cappuccitti
for libel based on publications in the
form of a newsletter, which contained material
and information that defamed Marika.
In this case the court found, among
other things, that Cappuccitti had persisted
in publishing defamatory materials,
had verbally expressed animosity and
malice towards the proprietor of Marika,
and had caused the newsletter to be distributed
to unit owners of another condominium
corporation. Cappuccitti’s actions
were the cause for inquiry by ACMO and
the premature termination of a condominium
management contract of Marika,
causing loss of income. The court awarded
general damages in the amount of $65,000
and aggravated damages in the amount of
$20,000. (Cappuccitti was noted in default.)
Bird v. York Condominium Corp. No. 340
and Andrew Petroff (2002): Bird, a former
director, sued YCC #340 and the president
of the board, alleging defamation in slander
and libel based, respectively, on the
statements of the president and the posting
of minutes by the board. In dismissing
the plaintiff’s action for defamation in libel,
the court found that the content of the
minutes posted, which outlined terms of
settlement with Bird, were found to be
true and that the posting of the minutes
was not malicious and not made for any
sinister motive. The posting was made to
“…communicate on-going business issues
and legal issues of interest to members of
the condominium corporation.” In dismissing
the claim of slander, the court
found that the words spoken were not
defamatory but that even if they were, the
circumstances permitted reliance on the
defence of “qualified privilege” and “fair
comment.” Qualified privilege, generally
arises when the information communicated
is reasonably appropriate in the context
of the circumstances existing on the
occasion. For example, the person who
makes the communication has an interest
or a duty, legal, social or moral, to make it
to the person to whom it is made and the
person to whom it is made has an interest
or duty to receive it. The defence of fair
comment protects expressions of opinion
made in good faith on facts that are truthful
and concern a matter of public interest.
Bablieda v. Santa (2003): This noncondominium
decision considers the
claim of libel in the 21st century. Part of
the issue addressed by the court was
whether material placed on a Website and
made available through the Internet is
“broadcast” for the purposes of the Libel
and Slander Act (Ontario) thereby attracting
higher levels of damages. The court
found that the purpose of the broadcasting
definition in the Act was to single out
ADS NOW ACCEPTED IN
QUARTERLY REPORT
A LIMITED NUMBER of large advertisements
are now being accepted in the
ACMO newsletter, Quarterly Report.
For more information, call Denis
Olorenshaw at 905-826-6890, 1-800-
265-3263, or email pubmanager@
acmo.org.
The next issue of Quarterly Report
closes for ads on October 1. Only
black and white ads will be accepted.
People, Places & Products
THIS IS THE SECTION of the newsletter where we need to hear from you. Do you
have a new product that you want people to know about? Have you changed
companies or received a promotion? Corporate merger in the works? Drop us a
line and we’ll print your “news” in the next issue of the newsletter.
Companies
Ontario Playgrounds has moved to 1032 Colborne St. E., Brantford, N3S 3T6.
Telephone: 519-720-6911, fax: 519-756-2774, email: tonykelly@rogers.com….
Bestcorr Services and Contracting Ltd. is now located at 9251 Yonge Street,
Suite 273, Richmond Hill, L4C 9T3. Telephone: 905-763-8680, fax: 905-763-
8623, email: bestcorr@rogers.com…. DGH Doors is now at 10A Bram Court,
Unit 8, Brampton, L6W 3R6. Phone and fax are unchanged…. Alexandor & Associates
has moved to 90 Eglinton Avenue East, Suite 420, Toronto, M4P 2Y3.
Phone and fax remain the same.
New R.C.Ms at a June luncheon: Dennis Tik
Hong (left) and Stella Ngan Sum received
certificates.
Calendar
ACMO/CCI 8th Annual Condominium Conference at the Doubletree International
Plaza Hotel, Toronto, on November 5 and 6.
6 Third Quarter 2004