What is the test for a defendant to plead justification in a defamation case?
Alberta, Canada
The following excerpt is from Capitanescu v. Universal Weld Overlays Inc., 1997 CanLII 14819 (AB QB):
The general rule is that the defendant cannot run hot and cold. If he pleads justification then malice is admitted and he must prove the truth of the statement. If he does not plead justification then he cannot adduce evidence of truth to mitigate damages. Watt v. Watt, [1905] A.C. 115 (U.K. H.L.)
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