What is the defence of comments protected in a defamation case?
Ontario, Canada
The following excerpt is from Swan v. Durham Condominium Corporation No. 45 et al., 2012 ONSC 4639 (CanLII):
Comments may be protected by this defence if they are intended to be comments and not statements of fact and are made honestly, in good faith, and about facts which are true on a matter of public interest. The Appellant must prove malice to defeat the defence (see McCullough v. Cohen [2000] O.J. No. 3431 (S.C.)).
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