What is the test for malice in the context of the defence against the Motion Judge’s finding that malice may undermine the defence?
Ontario, Canada
The following excerpt is from Canadian Union of Postal Workers v. B’nai Brith Canada, 2021 ONCA 529 (CanLII):
Finally, the appellants assert that the motion judge erred in stating that malice may undermine the appellants’ defences. Malice may be established by reckless disregard for, or indifference to, the truth, spite or ill-will, or any indirect or ulterior motive: Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 S.C.R. 1130, at para. 145; Platnick, at para. 136. The appellants state in their factum that “[t]o infer that an advocacy organization may have acted with malice by following a lead and uncovering a public interest story is not evidence of malice.”
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