What is the defence of qualified privilege in the context of defamatory statements?

Ontario, Canada


The following excerpt is from Daboll v. DeMarco, 2011 ONSC 1 (CanLII):

Qualified privilege: There are limited occasions of “qualified privilege” in which the interests that the party publishing defamatory statements seeks to achieve outweigh the interest of defamed parties in protecting their reputation. The law will protect the publisher of a defamatory statement if that person has an interest or duty in communicating the information and the recipient has a corresponding duty or interest in receiving it (see McLoughlin v. Kutasy, 1979 CanLII 39 (SCC), [1979] 2 S.C.R. 311 at 321). This defence is not available if the plaintiff shows that the publisher acted with actual malice in making the defamatory statements.

Other Questions


What qualifies as qualified privilege when a defamatory statement is made? (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)
What is the defence of reflex action in the context of reflex defence? (Ontario, Canada)
What is implied waiver of privilege where the holder of privilege takes some action or position inconsistent with the maintenance of privilege? (Ontario, Canada)
Can a defence of qualified privilege be defended in a defamation case? (Ontario, Canada)
What is the test for malice in the context of the defence against the Motion Judge’s finding that malice may undermine the defence? (Ontario, Canada)
What is the defence of qualified privilege in a defamation 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 test for the defence of qualified privilege? (Ontario, Canada)
What are the main defences used in a statement of defence in a real estate transaction? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.