2009 BCCA 392 Crookes v. Newton

• 2009 BCCA 392 Crookes v. Newton

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  • The overriding issue on appeal is whether the trial judge erred in finding that Mr. Crookes had failed to prove publication of the impugned hyperlinked articles.  This issue can be broken down into two sub-issues, namely:

    (1)   whether the trial judge erred in finding that the creation of a hyperlink in a website does not lead to a presumption of publication of the materials found at the hyperlinked site;

    and

    (2)   whether the trial judge erred in finding that hyperlinking in these circumstances did not amount to publication by Mr. Newton of the articles found at the hyperlinked sites, taking into account all of the evidence.

    [7]             There was no issue raised on appeal as to whether the impugned articles were, in fact, defamatory.  For the purpose of this appeal, I will assume, without deciding, that the articles were defamatory of Mr. Crookes.  This appears to have been the approach adopted by the trial judge.

  • The overriding issue on appeal is whether the trial judge erred in finding that Mr. Crookes had failed to prove publication of the impugned hyperlinked articles.  This issue can be broken down into two sub-issues, namely:

    (1)   whether the trial judge erred in finding that the creation of a hyperlink in a website does not lead to a presumption of publication of the materials found at the hyperlinked site;

    and

    (2)   whether the trial judge erred in finding that hyperlinking in these circumstances did not amount to publication by Mr. Newton of the articles found at the hyperlinked sites, taking into account all of the evidence.

    [7]             There was no issue raised on appeal as to whether the impugned articles were, in fact, defamatory.  For the purpose of this appeal, I will assume, without deciding, that the articles were defamatory of Mr. Crookes.  This appears to have been the approach adopted by the trial judge.

  • The overriding issue on appeal is whether the trial judge erred in finding that Mr. Crookes had failed to prove publication of the impugned hyperlinked articles.  This issue can be broken down into two sub-issues, namely:

    (1)   whether the trial judge erred in finding that the creation of a hyperlink in a website does not lead to a presumption of publication of the materials found at the hyperlinked site;

    and

    (2)   whether the trial judge erred in finding that hyperlinking in these circumstances did not amount to publication by Mr. Newton of the articles found at the hyperlinked sites, taking into account all of the evidence.

    [7]             There was no issue raised on appeal as to whether the impugned articles were, in fact, defamatory.  For the purpose of this appeal, I will assume, without deciding, that the articles were defamatory of Mr. Crookes.  This appears to have been the approach adopted by the trial judge.

  • The overriding issue on appeal is whether the trial judge erred in finding that Mr. Crookes had failed to prove publication of the impugned hyperlinked articles.  This issue can be broken down into two sub-issues, namely:

    (1)   whether the trial judge erred in finding that the creation of a hyperlink in a website does not lead to a presumption of publication of the materials found at the hyperlinked site;

    and

    (2)   whether the trial judge erred in finding that hyperlinking in these circumstances did not amount to publication by Mr. Newton of the articles found at the hyperlinked sites, taking into account all of the evidence.

    [7]             There was no issue raised on appeal as to whether the impugned articles were, in fact, defamatory.  For the purpose of this appeal, I will assume, without deciding, that the articles were defamatory of Mr. Crookes.  This appears to have been the approach adopted by the trial judge.

  • The overriding issue on appeal is whether the trial judge erred in finding that Mr. Crookes had failed to prove publication of the impugned hyperlinked articles.  This issue can be broken down into two sub-issues, namely:

    (1)   whether the trial judge erred in finding that the creation of a hyperlink in a website does not lead to a presumption of publication of the materials found at the hyperlinked site;

    and

    (2)   whether the trial judge erred in finding that hyperlinking in these circumstances did not amount to publication by Mr. Newton of the articles found at the hyperlinked sites, taking into account all of the evidence.

    [7]             There was no issue raised on appeal as to whether the impugned articles were, in fact, defamatory.  For the purpose of this appeal, I will assume, without deciding, that the articles were defamatory of Mr. Crookes.  This appears to have been the approach adopted by the trial judge.