Can qualified privilege be lost by exceeding the limits of the duty or interest?

British Columbia, Canada


The following excerpt is from Fouad v. Longman, 2014 BCSC 785 (CanLII):

The protection of a qualified privilege can also be lost by exceeding the limits of the duty or interest. If the words communicated were not reasonably appropriate to the legitimate purposes of the occasion, the qualified privilege will be defeated: Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 S.C.R. 1130 at paras. 146-47.

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