The Supreme Court of Canada (inspired by developments in lower Canadian courts and elsewhere in the common law world) has introduced into defamation law a defence of responsible communication on matters of public interest. The court took this step in Grant v Torstar Corp (2009) 314 D.L.R. (4th) 1 with the aim of ensuring that this branch of tort balances reputation and free expression more adequately. This development is broadly similar to innovations in Australia, Britain, New Zealand, and South Africa. Moreover, these innovations in Commonwealth law form part of a process of development that we can trace back to the US Supreme Court’s decision in New York Times v Sullivan 376 U.S. 254 (1964). Continue reading