Assume the following facts can be proven. Mary is an interior designer. She went online to a

website that posts reviews of interior designers. She discovered that Sheila, a former

customer of hers in Edmonton, posted the following comments about her: "I was dissatisfied

with Mary's service. She doesn't know anything. Probably, her claims about her

qualifications are false. Don't use her. She is the worst interior designer." Mary, who now

lives in Saskatchewan, wants to sue Sheila for defamation. She has asked you for advice.

Please answer the following:

a. Should Mary sue in Saskatchewan or Alberta? Support your answer with reference to

the circumstances courts need to consider. You should raise the criteria courts use in determining whether to accept jurisdiction, and apply the facts to those criteria.

b. With reference to the factors necessary to make out an action and any defences,

please assess Sheila's risk of liability for defamation. The factors are: (1) The defendant published a statement; (2) That refers to the plaintiff; (3) That is defamatory. You should address each factor in turn, identifying the facts that are relevant to each factor. Provide an opinion on whether each factor is satisfied on the balance of probabilities. Fair Comment is the most applicable defence.

The factors are: (1) The statement is a comment upon true facts that are before the public; (2) The matter commented on is one of public interest; and (3) The comment expresses a view that could be honestly held by anyone. You should address each factor in turn, identifying the facts that are relevant to each factor. Provide an opinion on whether each factor is satisfied on the balance of probabilities.