What is the current state of the law on "qualified privilege"?

Ontario, Canada


The following excerpt is from Elliott v. Irish Draught Horse Society of North America, 2005 CanLII 18877 (ON SC):

The leading case on “qualified privilege” is Campbell v. Jones, [2002] S.C.C.A No. 543 1. The issue of “motive”, which is a live one in the present case, is dealt with at paragraph 32: …qualified privilege…may be lost…if the dominant motive for making the statement was “malice”. In this context, malice means not just ill will towards another but any ulterior motive that conflicts with the interest or duty created by the occasion, and it includes recklessness. Both dishonesty and a reckless disregard for the truth may amount to malice. Second, a privilege may be lost if the statement is not commensurate with the occasion, either because the statement is not germane and reasonably appropriate to the occasion or because the recipients of the statement have no interest in receiving it. [emphasis added]

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