What constitutes "malice" in the context of an allegation of sexual harassment?

British Columbia, Canada


The following excerpt is from Hee Creations Group Ltd. v Chow, 2018 BCSC 260 (CanLII):

Malice is defined as “spite”, “ill-will”, or “any indirect motive or ulterior purpose that conflicts with the sense of duty or the mutual interest which the occasion created”. Malice may be established by showing that the defendant spoke dishonestly, or in wilful or reckless disregard for the truth: Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 S.C.R. 1130 at para. 145.

Other Questions


How have courts in Canada treated the issue of sexual harassment in the context of sexual assault cases? (British Columbia, Canada)
Is there any difference between the allegations of sexual harassment and sexual discrimination? (British Columbia, Canada)
What is the test for determining whether a plaintiff has been sexually harassed or sexually harassed? (British Columbia, Canada)
What is the difference between allegations of sexual harassment and allegations of discrimination dating back more than a decade? (British Columbia, Canada)
What is the difference between allegations of "subbing up" and a meeting in January 2008 and allegations of sexual harassment in October 2007? (British Columbia, Canada)
What is the precedent for a punitive damages award against an employer for failing to properly manage sexual harassment allegations properly? (British Columbia, Canada)
What is the test for admitting or denying an allegation of sexual assault in a sexual assault case? (British Columbia, Canada)
What is the test for establishing discrimination against a university student who alleges sexual harassment? (British Columbia, Canada)
What is the test for establishing discrimination against a person who alleges sexual harassment? (British Columbia, Canada)
What is reasonable and probable grounds for belief in the context of an allegation of sexual assault against an accused? (British Columbia, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.