Grant v. Torstar also makes clear that justification is a defence to defamation failing which there may be a defence of qualified privilege. At paragraphs 32-34: Where statements of fact are at issue, usually only two defences are available: the defence that the statement was substantially true (justification); and the defence that the statement was made in a protected context (privilege). To succeed on the defence of justification, a defendant must adduce evidence showing that the statement was substantially true. If the defence of justification fails, generally the only way a defendant can escape liability for an untrue defamatory statement of fact is by establishing that the statement was made on a privileged occasion.
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