What is the test for privileged information?
Ontario, Canada
The following excerpt is from Bresnark v Thomson Reuters Canada Limited, 2016 ONSC 5105 (CanLII):
It is settled law that “where there are judicial proceedings before a properly constituted judicial tribunal exercising its jurisdiction in open court, then the publication without malice of a fair and accurate report of what takes place before that tribunal is privileged” (Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 SCR 1130 (“Hill”), at paras. 150-51).
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