Does a defendant have a duty to communicate with the other person?
British Columbia, Canada
The following excerpt is from B.(P.) v. V.E.(R.), 2007 BCSC 1568 (CanLII):
Because the occasion is measured objectively, the defendant's mere belief that he or she was fulfilling a duty to communicate does not create such a duty. The issue is not whether the defendant had a right to make the communication or thought that he or she had a duty to make it, but rather whether a reasonable person would feel compelled by a duty to make the communication: Halls v. Mitchell, 1928 CanLII 1 (SCC), [1928] S.C.R. 125, [1928] 2 D.L.R. 97 at p.134 (S.C.C.).
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