1. Address the points raised just below the question, in the form of a well written paragraph(10 points) 2. Using what we have learned so far in the course, what area of the law would this fall under . And why? (3 points) 3. Had you been the lawyer for the defendant in the case before this matter went to court, what advice would you have given your client and why? (2 points)

5. Burke v. NYP Holdings, Inc., 2005 BCSC 1287 (CanLII). Following the NHL game in which Steve Moore was injured by Todd Bertuzzi, the New York Post published an article critical of the plaintiff, Burke. The alleged defamatory article suggested that Mr. Burke personally challenged the Vancouver Canucks to "get" Steve Moore and that Burke was a participant in the plot to retaliate against Moore. Burke sued In British Columbia, but the defendants brought an application to have the action stayed, arguing that the B.C. Court did not have jurisdiction. The defendants argued that the majority of the 431 000 copies of the Post were delivered to subscribers in the greater New York metropolitan area and no copies were delivered to newsstands in B.C. The article, however, also appeared on the Post's website and the Post admitted it had no way to determine the geographic origin of the hits accessing the website. Should the Court decline to exercise jurisdiction? What factors will be relevant in deter- mining whether there is a real or substantial connection with B.C