What is the state of mind of a defendant in a civil case?
British Columbia, Canada
The following excerpt is from Wang v. British Columbia Medical Association, 2011 BCSC 1658 (CanLII):
As argued by the defendants: Malice is a state of mind. States of mind are facts which can be determined by a court only b[y] inference. The author’s state of mind at a particular time may be of assistance in making an inference about another state of mind which he held soon afterwards. Per Blackburn J. in Renouf v. Federal Capital Press of Australia Pty. Ltd (1977), 17 A.C.T.R. 35 at 56 (S.C.).
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