What is the difference between qualified privilege and absolute privilege?
British Columbia, Canada
The following excerpt is from Duncan v. Lessing, 2016 BCSC 1386 (CanLII):
The differences between qualified and absolute privilege were helpfully described by Garson J.A. in Caron v. A., 2015 BCCA 47 at paras. 14-16 [Caron] as follows:
"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.alexi.com.
Other Questions
Is there an implied waiver of privilege where a party waives privilege but takes a position in relation to privileged materials that is inconsistent with maintaining privilege? (British Columbia, Canada)
Is there any difference between an informer's privilege and the observation post privilege? (British Columbia, Canada)
What is the purpose of the defence of qualified privilege? (British Columbia, Canada)
Can a defence of qualified privilege be defeated by a finding of malice? (British Columbia, Canada)
What is qualified privilege, if any, and what is the test for this? (British Columbia, Canada)
In a personal injury case, is it possible for counsel to provide a more detailed description of privileged material without disclosing privileged material? (British Columbia, Canada)
Is there any evidence that the privilege holder has a voluntary intention to waive the privilege? (British Columbia, Canada)
What is litigation privilege and what is the argument that litigation privilege means? (British Columbia, Canada)
Does absolute privilege apply to statements made by a lawyer in the course of representing a client? (British Columbia, Canada)
Is a union's communications with its membership and other publications in the labour relations context an occasion for qualified privilege? (British Columbia, Canada)
