What is the test for the defence of qualified privilege in a defamation case?
Ontario, Canada
The following excerpt is from Danilova v. Nikityuk, 2017 ONSC 4016 (CanLII):
In McLoughlin v. Kutasy, 1979 CanLII 39 (SCC), [1979] 2 S.C.R. 311, at p. 325, Ritchie J. wrote on behalf of the majority: [I]n reference to the defence of qualified privilege…the person employing the language complained of …will be protected, even though his language should be violent or excessively strong, if, having regard to all the circumstances of the case, he might have honestly and on reasonable grounds believed that what he wrote or said was true...
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