Plaintiff
Defendant
Background:
Amber Mortgage Investment Corp., a financial institution, claimed that businessman Davidson Guo defamed it by posting statements in WeChat groups with 675 members. These statements related to a foreclosure on a property where Amber held a second mortgage. Guo’s comments allegedly accused Amber of severe financial trouble and unethical conduct. Amber presented translations of these statements, which Guo disputed, denying any defamation.
Legal Issues:
The key issues were whether Guo’s statements were defamatory and if an interlocutory injunction should be granted. Amber needed to show that the statements were clearly defamatory and that Guo’s defenses were unsustainable.
Defendant’s Arguments:
Guo challenged the accuracy of Amber's translations and asserted the truth of his statements. He planned to defend with justification, fair comment, responsible communication, and qualified privilege. He also argued that Amber’s pleadings were deficient, as they didn’t specify the exact defamatory words.
Court’s Analysis and Decision:
The court found Amber’s translations inadmissible due to potential bias. Without reliable evidence of the actual statements, the court couldn’t determine defamation. It also ruled that Amber didn’t prove Guo’s defenses would fail.
Costs:
The court dismissed the injunction application, awarding costs to Davidson Guo. The specific amount of costs was not specified.
Court
Supreme Court of British ColumbiaCase Number
S244973Practice Area
Tort lawAmount
Winner
DefendantTrial Start Date
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