AUTHENTIC SOUTHSIDE TAEKWON-DO CLUB (TIEN LUNG TAEKWON DO CLUB EDMONTON SOUTH) v TAYLOR

This was a defamation Action in which one of the issues was whether a Defendant had been properly served with Notice under the Defamation Act, RSA 2000, c D-7 (the “Defamation Act”). The Court confirmed that the notice provisions in the Defamation Act may not require strict compliance with the service requirements set out in Rule 11.5.

The Court held that substantial compliance, meaning evidence that the Defendant was aware of the intention to commence an action, is sufficient with respect to Notice under the Defamation Act. Justice Jerke noted that substantial compliance focuses on whether the Defendant had actual notice of the Plaintiff’s intention to commence an Action. Strict adherence to the service requirements in Rule 11.5, including personal service or registered mail, is not necessarily required.

In reaching this conclusion, Jerke J. relied on Alberta Adolescent Recovery Centre v Canadian Broadcasting Corporation, 2012 ABQB 48, where the Court held that the language of Rule 11.5 leaves open the possibility that a Defamation Notice may be served by means other than those expressly identified in the Rule. Justice Jerke agreed with that reasoning.

Applying that approach, the Court found that the Plaintiffs had substantially complied with the Notice requirements because the Defendant was aware of the complaint, the allegations, and the Plaintiffs’ intention to pursue a claim. Accordingly, strict compliance with Rule 11.5 was not required.