What is the burden of proving malice to defeat the defence of qualified privilege?

British Columbia, Canada


The following excerpt is from Smith v. Cross, 2007 BCSC 1757 (CanLII):

The onus of proving malice to defeat the defence of qualified privilege rests on the plaintiff: see Neptusky v. Craig, 1972 CanLII 19 (SCC), [1973] S.C.R. 55 at 60-63, 28 D.L.R. (3d) 742. DISCUSSION

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