What is the test for proving malice to defeat the defence of qualified privilege?
British Columbia, Canada
The following excerpt is from Boehmke v. Grant et al, 2010 BCSC 682 (CanLII):
The onus of proving malice to defeat the defence of qualified privilege rests on the plaintiff: Neptusky v. Craig, 1972 CanLII 19 (SCC), [1973] S.C.R. 55 at 60-63.
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