Background Facts: Archbishop Romero, a prominent human rights advocate, was assassinated in 1980 in El Salvador. Eisenbrandt’s book included references to Simán, suggesting his name appeared in documents linked to death squads and the assassination plot. Simán denied any involvement and argued that these statements were defamatory, causing harm to his reputation.

Legal Issues: The central legal issue was whether the statements in the book were defamatory and whether Eisenbrandt could successfully defend them under the Protection of Public Participation Act (PPPA). The court examined whether the book’s content met the threshold for defamation and if Eisenbrandt had a valid defense of responsible communication, meaning he exercised due diligence in reporting on matters of public interest.

Court Rulings: The Supreme Court of British Columbia dismissed Simán’s defamation action under the PPPA. On appeal, the Court of Appeal upheld the dismissal, concluding that Simán did not meet the burden of proving that Eisenbrandt’s defense had no prospect of success. The appeal was dismissed.

Costs/Damages Awarded: Simán was ordered to pay costs to Eisenbrandt, though the specific amount was not detailed in the document.