Can the defence of fair comment be defeated?

Like the defence of qualified privilege, the defence of fair comment can be defeated if the plaintiff proves that the defendant was actuated by express malice, as noted both in WIC and Smith v. Cross, supra. But even where court concludes that the defendant was actuated by express malice, a fair comment defence will not be defeated unless the court also concludes that the defendant's improper purpose, such as to injure the plaintiff because of ill will, was the dominant purpose: Mainstream Canada at para. 194.