In a defamation action, can either party give evidence in proof or disproof of malicious motive in the mind of the publisher of defamatory material?
Saskatchewan, Canada
The following excerpt is from King v. Londerville, 1915 CanLII 245 (SK CA):
In 18 Hals. Laws of England, 721, I find the following: Either party may, with a view to the damages, give evidence in proof or disproof of malicious motive in the mind of the publisher of defamatory matter. And Pearson v. Lemaitre is cited as authority for the above.
"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 test for a cause of action where a party has a materially influencing motive? (Saskatchewan, Canada)
In a defamation action, can an interrogatory to establish the truth of the alleged defamation be used? (Saskatchewan, Canada)
Can a person be added as a party in a personal injury action where the outcome of the action directly affects him? (Saskatchewan, Canada)
Is there a cause of action for defamation where the words “get down in the gutter where you belong” are not actionable? (Saskatchewan, Canada)
Is a criminal prosecution arising from malicious motive and brought without reasonable cause actionable? (Saskatchewan, Canada)
What remedies are available to a party to a contract where the other party fails to complete the entire contract? (Saskatchewan, Canada)
Does a party and a party have to pay additional costs to a mortgage? (Saskatchewan, Canada)
Can a party in his own name adopt a property in the name of the owner without the consent or sanction of the other party? (Saskatchewan, Canada)
Can a plaintiff in a personal injury action commence a second action for damages arising out of the same circumstances? (Saskatchewan, Canada)
Does a common law procedure act, 1854, ch. 125, which enacted that a plaintiff is not entitled to any costs in an action commenced after the action was commenced? (Saskatchewan, Canada)
