Lavigne v. Coleman
Luc Lavigne
Law Firm / Organization
Self Represented
Gregory Coleman
Law Firm / Organization
Watson & Company Lawyers

Background: The dispute originated from a previous case where a company controlled by Coleman, 600835 B.C. Ltd. (the "Septic Corporation"), litigated against Lavigne regarding a septic system installation. Coleman sent a letter on October 27, 2023, to justify legal fees incurred in the previous litigation, which Lavigne claimed was defamatory.

Legal Arguments/Issues:

The key legal issues were:

  1. Proper Defendant: Coleman argued he acted as the Director of the Septic Corporation and should not be personally liable. The court rejected this, finding Coleman personally liable for publishing the letter.
  2. Defamation: The court had to determine if the statements in the letter were defamatory. It concluded several statements were defamatory, including assertions that Lavigne breached the Sewer Services Agreement and caused risks to the community septic system.
  3. Truth as a Defense: Coleman claimed the statements were true. The court found some statements true, such as Lavigne's failure to use a Registered Onsite Wastewater Practitioner, but others speculative and unproven.
  4. Qualified Privilege: Coleman claimed the letter was protected by qualified privilege. The court agreed but found the issue of malice needed further examination.

Costs and Awards: The court ordered Lavigne to pay $4,620.00 for partial costs incurred by the Septic Corporation. However, the court decided that the determination of malice and any additional damages required further oral evidence and submissions.

Conclusion: The court ruled on several issues but deferred the final decision on malice and damages pending further proceedings.

Supreme Court of British Columbia
S23022
Tort law
$ 4,620
Other