What is qualified privilege, if any, and what is the test for this?
British Columbia, Canada
The following excerpt is from Roshard v. St. Dennis, 2013 BCSC 1388 (CanLII):
An occasion of qualified privilege arises when a defendant had a legal, social or moral duty to make the statement, and the person to whom it was made was under a reciprocal duty to receive it. The privilege attaches to the occasion on which the statement was made, and not to the statement itself. The privilege can be defeated by proof of express malice on behalf of the defendant: Martin v. Lavigne, 2011 BCCA 104 at paras. 33 - 36.
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