Part 49 published on 01/02/15
Plaintiff successful in defamation claim against three directors
The Plaintiff, Pierre Nader, commenced an action against four members of the Syndicat’s Board of Directors, for damages stemming from alleged defamation. The alleged defamatory act was the issuance of an annual report, to all co-owners in the Syndicat, which Nader believed to be false, misleading, and called his integrity and honesty into question. Evidence was presented by the Plaintiff that, before the annual report was issued, the Plaintiff’s legal counsel had provided the Board of Directors with sufficient information to demonstrate that the contents of the annual report were false or misleading.
The Court agreed with the Plaintiff that the contents of the annual report were defamatory. The Plaintiff was awarded damages against three members of the Board of Directors.
The fourth defendant, a representative of the management company, was not liable to the Plaintiff because he was not a voting member of the Board of Directors.