Can a finding of malice affect the defences of qualified privilege and fair comment?
British Columbia, Canada
The following excerpt is from Demenuk v. Dhadwal, 2013 BCSC 2111 (CanLII):
This finding is directly related to the second issue I alluded to. Both the defences of qualified privilege and of fair comment are vitiated by a finding of malice. In Smith v. Cross, 2009 BCCA 529 ,Madam Justice Kirkpatrick, for the court, said:
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