Is qualified privilege a defence in defamation cases?
British Columbia, Canada
The following excerpt is from Qiao v Owners, Strata Plan LMS 3863, 2020 BCSC 818 (CanLII):
Where it applies, qualified privilege provides a complete defence to a claim in defamation. A defendant who establishes that his statement was made on an occasion of qualified privilege is protected from liability for communicating defamatory and untrue statements about the plaintiff: Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 S.C.R. 1130 at para. 144.
"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
Is there an implied waiver of privilege where a party waives privilege but takes a position in relation to privileged materials that is inconsistent with maintaining privilege? (British Columbia, Canada)
What is the test for the defence of privilege in a defamation case? (British Columbia, Canada)
Can qualified privilege be defeated in a defamation case? (British Columbia, Canada)
Does the defence of qualified privilege apply? (British Columbia, Canada)
What is the legal test required to prove a defence of justification in a defamation case? (British Columbia, Canada)
In what circumstances will a judge award damages of more than £200,000 to a plaintiff in a defamation action brought by a defendant who used justification and qualified privilege? (British Columbia, Canada)
What is the defence of qualified privilege against defamatory statements? (British Columbia, Canada)
Can a defence of qualified privilege be defeated by a finding of malice? (British Columbia, Canada)
In a personal injury case, is it possible for counsel to provide a more detailed description of privileged material without disclosing privileged material? (British Columbia, Canada)
What is the purpose of the defence of qualified privilege? (British Columbia, Canada)
