What is the test for defamation in defamation cases?
Saskatchewan, Canada
The following excerpt is from Arnott v. College of Physicians and Surgeons of Saskatchewan, 1953 CanLII 217 (SK CA):
See also Clark v. Molyneux (1877) 3 QBD 237, 47 LJQB 230, where it was decided that in an action for defamation, when the occasion is ruled to be privileged, it is the duty of the judge to direct the jury that unless they are satisfied that the defendant did not use the occasion for the reason which conferred the privilege, but for some indirect reason or motive, they must find for the defendant; and that the burden of proof of the existence of such indirect reason or motive is on the plaintiff: Gatley on Libel and Slander, 4th ed., pp. 282, 283.
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