Madam Justice Kirkpatrick reviewed several leading authorities on malice in Smith v. Cross, 2009 BCCA 529, before stating that a defendant is actuated by malice if he or she publishes the statement: i) Knowing it was false; or ii) With reckless indifference whether it is true or false; or iii) For the dominant purpose of injuring the plaintiff because of spite or animosity; or iv) For some other dominant purpose which is improper or indirect, or also, if the occasion is privileged, for a dominant purpose not related to the occasion.
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