The judge made the comments as he rejected an application from Corus Entertainment to throw out Dong's lawsuit against the news agency, saying it is in the public interest to hear the case.

Perell found the reporter who wrote the story did not see a transcript of the conversation between Dong and the diplomat and did not keep all of the notes that were used as part of the reporting process.

The ruling said the notes the reporter did keep, based on conversations with sources, do not contain any reference to Dong advising a Chinese diplomat to “delay” or “hold off” on releasing the Two Michaels.

The sources got their information through “some indeterminate degree of hearsay,” the judge added.