What is the current state of the law on probability of malice?

The case law previously discussed is distinguishable from the facts before me as each case involved some reference to the issue of probability of malice before putting the question of malice to the jury. Stuart v. Hugh is the case which comes closest to the facts at bar. However, Verhoeven J. was clear that the issue was addressed and he exercised his discretion to decide the matter after the jury verdict, presumably to avoid a delay in putting malice to the jury.