Can a defence of qualified privilege be defended in a defamation case?

Ontario, Canada


The following excerpt is from Papp v Stokes et al, 2017 ONSC 2357 (CanLII):

Grant v. Torstar also makes clear that justification is a defence to defamation failing which there may be a defence of qualified privilege. At paragraphs 32-34: Where statements of fact are at issue, usually only two defences are available: the defence that the statement was substantially true (justification); and the defence that the statement was made in a protected context (privilege). To succeed on the defence of justification, a defendant must adduce evidence showing that the statement was substantially true. If the defence of justification fails, generally the only way a defendant can escape liability for an untrue defamatory statement of fact is by establishing that the statement was made on a privileged occasion.

Other Questions


What is the test for the defence of qualified privilege in a defamation case? (Ontario, Canada)
What is the defence of qualified privilege in a defamation case? (Ontario, Canada)
Can a plea of qualified privilege be upheld where the words "qualified privilege" are published to the public generally or to the world at large? (Ontario, Canada)
Is there a qualified privilege in the defence of defamation? (Ontario, Canada)
What defences are available to a defendant in a defamation case? (Ontario, Canada)
What is the defence of the defence in a personal injury case? (Ontario, Canada)
Is there any case law where the defence called no evidence to support the presumption of negligence in a motor vehicle accident case? (Ontario, Canada)
Is there a requirement for the defence to disclose decisions on whether to continue to defend against the Crown in a sexual assault case? (Ontario, Canada)
If a defence expert has been videotaped at trial, is the defence expert required to be reviewed by the other defence expert? (Ontario, Canada)
What is the defence of defence in a sexual assault case? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.