Tony Twist was a professional hockey player with the Quebec Nordiques and the t Louis Blues. During his career, he was known as an enforcer-while playing in the HL for a decade, he amassed only 10 goals, but over 1100 minutes in penalties. odd Mcfarlane is the publisher of a number of comic books. One of those ublications, Spawn, features a vicious gangster named Antonio Twistelli, who also oes by the nickname of "Tony Twist." The real Tony Twist's mother became very pset when she discovered that such a character shared her son's name. She was orried that Spawn would lead people to think badly of her boy. Mcfarlane insists at he did not base his comic book villain on any real person and argues that if he anted to borrow a hockey player's name, he would have called the gangster Tayneatelli Gretzkytello. Can the real-life Tony Twist successfully sue Mcfarlane for efamation? What test would a court apply in these circumstances