Quote:
Originally Posted by Flames Fan, Ph.D.
All kidding aside though, if this went to court in Canada, am I correct in assuming that it's not sufficient for it to be false and that Phaneuf et al would have to show actual harm?
In other words, it's not sufficient for them simply to say that this hurt their feelings, correct?
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IANAL, but the standard for defamation is lower in Canada than in the US. Truth is still an absolute defence, but the burden - IIRC - is on the person making the claim to demonstrate it is true. And I wish the kid who made the tweet and TSN a great deal of luck proving the claim is true. My belief is that an apology and public retraction will end the ordeal, which TSN's lawyers likely believe given how fast and how often TSN personalities have tripped over themselves to apologize today.