Weaver v. Corcoran and Others

Professor Andrew Weaver, a renowned Canadian climate scientist, filed suit against the National Post, its publisher, and several journalists for defamation. Dr. Weaver’s claims arose out of the defendants’ publication of statements that allegedly injured Dr. Weaver’s reputation as a climate scientist in the context of the “Climategate” controversy. Plaintiff Weaver sought an injunction requiring the newspaper to remove the allegedly false statements from its website and from any sites where the statements were reposted. The Supreme Court of British Columbia found that the defendants had defamed Dr. Weaver and that their statements were not protected by the defense of fair comment because the facts upon which they relied were false. The Court awarded Dr. Weaver $50,000 in general damages, and directed the defendants to remove the offending articles, require third parties to cease republication, and publish a retraction. The defendants appealed before the Court of Appeal for British Columbia and argued that the judge had erred in finding them jointly liable for defamation. They notably argued that the judge had erred in analyzing whether the articles were defamatory in combination and in imposing joint liability. With the exception of one article, there was no evidence of collaboration or referability. The Court of Appeal allowed the appeal on that basis, and ordered a new trial for the necessary analysis to be undertaken and findings of fact to be made.