What qualifies as qualified privilege when a defamatory statement is made?
Ontario, Canada
The following excerpt is from Foulidis v. Baker, 2012 ONSC 7295 (CanLII):
A qualified privilege may be found when the occasion upon which a defamatory statement is made justifies it. In other words, qualified privilege applies to the occasion upon which impugned words are spoken and not to the words themselves: see Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 S.C.R. 1130 (S.C.C.) at para. 143.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the defence of qualified privilege in the context of defamatory statements? (Ontario, Canada)
Can a plea of qualified privilege be upheld where the words "qualified privilege" are published to the public generally or to the world at large? (Ontario, Canada)
What is implied waiver of privilege where the holder of privilege takes some action or position inconsistent with the maintenance of privilege? (Ontario, Canada)
Is there any case law that supports the privilege of making statements that are not maliciously made? (Ontario, Canada)
Is restatement of its financial statements an acknowledgment by the company that it has made material misrepresentations in relation to its audited financial statements valid for a cause of action? (Ontario, Canada)
How have the courts applied privilege to statements made in the context of an action for conspiracy to defame? (Ontario, Canada)
What is absolute privilege and what is the test for absolute privilege? (Ontario, Canada)
What is the legal test for privilege over privileged documents? (Ontario, Canada)
Can a statement made by an Immigration Officer to a refugee claimant be used as evidence at a subsequent refugee inquiry? (Ontario, Canada)
How have the courts interpreted privilege in a motion to amend a statement of claim? (Ontario, Canada)
