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Background:
Lloyd Herbert Stilborn, Corrinne Cecilia Stilborn, Rowland Hill Poultry, Dorothy Edith Schluff, and Finnie Holdings Inc. sued Dwight Dunn and Dunn Realty & Insurance Ltd. for defamation. The plaintiffs alleged that Dunn published false statements that damaged their reputations and prevented them from obtaining insurance. The defendants denied wrongdoing, arguing that their statements were true and protected by qualified privilege.
Legal Issues:
The court examined whether Dunn’s communications were defamatory and whether the defenses of truth and qualified privilege applied. The court also considered whether the defamatory statements caused financial harm and warranted damages.
Court Findings:
The court found that Dunn’s communications were defamatory towards Lloyd Herbert Stilborn, Corrinne Cecilia Stilborn, and Finnie Holdings Inc. However, it ruled that Rowland Hill Poultry had no valid claim. The defenses of truth and qualified privilege were rejected. The court determined that the defamatory statements did not significantly impact Lloyd's ability to obtain insurance or financial backing for his business expansion.
Damages and Costs:
The court awarded $7,500 in general damages to Lloyd Herbert Stilborn and $2,500 to Finnie Holdings Inc. but dismissed claims for special and aggravated damages. Pre-judgment interest was granted for eight years (1994–2002) due to the plaintiffs' delay in bringing the case to trial. The court retained jurisdiction over costs, allowing the parties to address them separately.
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Plaintiff
Defendant
Court
Court of King's Bench for SaskatchewanCase Number
QBG-RG-03273-1994Practice Area
Tort lawAmount
$ 10,000Winner
PlaintiffTrial Start Date