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Coastal Contacts and B.C. College of Opticians continue court battle Vancouver-based Coastal Contacts Inc. and Clearly Contacts Ltd. have launched legal action against the College of Opticians of British Columbia alleging they were defamed by the college after the college lost its September 2007 petition seeking orders that the companies be prohibited from selling prescription contact lenses to B.C. residents. The college’s petition was dismissed in April 2008. According to the statement of claim filed in B.C. Supreme Court August 14 by Coastal Contacts and Clearly Contacts, the college responded to the dismissal by publishing an allegedly defamatory response to the ruling on its website on May 14. The companies are seeking orders directing the college to remove the defamatory statements from its website and publish a retraction, along with damages for intentional interference with prospective economic advantage and defamation; and damages.
However, the college counter filed and its statement of defence was filed on September 5. It denies the allegations of defamation and states, “the words complained of consist of statements of fact which, construed in their natural and ordinary meaning, were true or substantially true.” Or, it claims, “The words complained of are comment or opinion which, construed in their natural and ordinary meaning, constitute fair comment made in good faith without malice upon a matter of public interest, namely the outcome of a judicial proceeding and matters incidental thereto.” The college is asking the claim be dismissed with costs. Business in Vancouver October 7-13, 2008; issue 989 |
