In the alternative, the defendant asserts that the facts in the impugned statements are true or substantially true and/or fair comment. The law recognizes that a response to an attack on a person’s character or conduct constitutes an occasion of qualified privilege and, absent malice, defamatory statements made in the course of responding to an attack are privileged. In Richardson v. Vancouver (City), 2006 BCCA 36 our Court of Appeal said the following at para. 38 with respect to this aspect of privilege: … [A] person whose character or conduct has been attacked is entitled to answer the attack, and any defamatory statements he makes about the person who attacked him will be privileged provided they are bona fides and are fairly relevant to the accusations made.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexsei.com.