What is the burden of proving qualified privilege on a plaintiff in a civil action?
British Columbia, Canada
The following excerpt is from Qiao v Owners, Strata Plan LMS 3863, 2020 BCSC 818 (CanLII):
If the defendant establishes the statements were made on an occasion of qualified privilege, then the onus is on the plaintiff to demonstrate that the privilege has been defeated by either showing malice on the part of the defendant or that the limits of the privilege were exceeded: Smith v. Cross, 2009 BCCA 529 at para. 30.
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