What is the test for a defence of defamation in defamation cases?
Saskatchewan, Canada
The following excerpt is from Leech v. Leader Publishing Co., Ltd., 1926 CanLII 159 (SK CA):
And in Lefroy v. Burnside (No. 2) 4 L.R. (Ir.) 556, the rule is laid down by Palles, C.B., as follows: * * the questions which would be raised at a trial by such a defence must necessarily be—first, the existence of a certain state ot facts, secondly whether the publication sought to be excused is a fair and bona Me comment upon such existing facts. If the facts as a comment upon which the publication is sought to be excused do not exist, the foundation of the plea fails.
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