In what circumstances will a reckless but false statement be deemed to be reckless but not malicious?

Ontario, Canada


The following excerpt is from South Holly Holdings Ltd. v. Michael Daramola and Mercy Daramola, 2010 ONSC 460 (CanLII):

In Redican v. Nesbitt, 1923 CanLII 10 (SCC), [1924] S.C.R. 135, Mignault J. required that there also be intent that the reckless but false statement be acted upon.

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