Court dismisses defamation suit by Canadian Union of Postal

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An Ontario court has dismissed a suit in which the Canadian Union of Postal Workers (CUPW) alleged it was defamed by comments carried in a Sun TV broadcast and later in a Toronto Sun newspaper column, which suggested the labour group supported terrorism.

The Ontario Superior Court of Justice ruled in mid-summer that CUPW failed to give proper notice to the defendants, which included Sun Media Corporation, TVA Group, Quebecor Media, media personality Jerry Agar and Avi Benlolo, CEO of Friends of the Simon Wiesenthal Center for Holocaust Studies.

The court was ruling on a motion to dismiss the CUPW suit on the basis of lack of notice and because CUPW, as an un-incorporated entity, did not have the legal capacity to sue for libel.

Recounting the facts of the case, Judge Robert Pelletier noted that while CUPW did serve notice on the defendants, the notice was not specific enough to inform them about the particular comments that formed the subject of the suit.

“I would conclude, therefore, that while the notices identified the matter complained of, they did not sufficiently specify the matter complained of, as was clearly possible… The notices provided were more in the nature of the plaintiff’s interpretation of the words spoken and published than they were direct references to them.”

The court also found that the issue of whether an unincorporated association can sue for defamation is specific to each case and is “an unsettled and burgeoning area of the law.”

The case arose out of a July 24, 2014, television broadcast by the now defunct Sun television news network, operated by Sun News, and a July 28 article in the Toronto Sun. The TV segment was hosted by Agar and included an interview with Benlolo about a pro-Palestinian rally on Parliament Hill.

The July 24 TV segment was called Hamas, CUPW Flags Fly on Parliament Hill. The broadcast noted that CUPW banners were flown near Hamas flags and stated that Hamas is a designated terrorist organization in Canada.

CUPW alleged that the column written by Agar in the Toronto Sun, with the headline, “Hamas goes postal? Only in Canada,” contained “many false, disparaging and defamatory statements about CUPW and its members.”

Subsequently, the court noted, Sun News issued retractions and apologies, as did the Toronto Sun.

The retractions stated, “We regret and withdraw any suggestion that CUPW, or its members, are terrorist sympathizers or supporters of Hamas.”

Benlolo’s office declined to comment about the case.

In a response to a CJN inquiry, Agar stated, “I believe CUPW is appealing the decision.”

Inquiries to Quebecor, and CUPW were not returned by The CJN’s deadline.