In compass group Canada Ltd vs Hospital employee union
Madam Justice Garson affirmed that injunctive relief to restrain the alleged defamation is an
exceptional remedy granted in only rarest of rare cases.
The burden lay on the plaintiff to demonstrate that the material complained is of the manifestly
defamatory that any jury verdict to the contrary would be considered perverse by the court of
Appeal. In addition the evidence of alleged defamation would continue was necessary.
This high standards have been applied in the numerous other British Columbia cases including
Seafarers international union of Canada; Local 400; Friesen v Chiu; and interior health authority
vs Sellin.
In the present case also it doesn't fall under rarest of rare case and Mr SL Cooper unable to prove
it falls under the rarest of the clear case and because of which HC also dismissed the appeal filed
by the SL Cooper against the orders if the district court.