What is considered to be "malice" in the context of allegations of sexual harassment?
Ontario, Canada
The following excerpt is from Vigna v. Levant, 2010 ONSC 6308 (CanLII):
Malice was described by Cory J. in Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 S.C.R. 1130 at p. 1189, as follows: Malice is commonly understood, in the popular sense, as spite or ill-will. However, it also includes […] any indirect motive or ulterior purpose that conflicts with the sense of duty or the mutual interest which the occasion created. Malice may also be established by showing that the defendant spoke dishonestly, or in knowing or reckless disregard for the truth.
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