In what circumstances will qualified privilege be defeated?
Ontario, Canada
The following excerpt is from Simpson v. Ontario, 2010 ONSC 2119 (CanLII):
In Hill, Justice Cory emphasized that qualified privilege is not absolute and can be defeated in two ways. Beginning at para. 144, he explained the first: However, the privilege is not absolute and can be defeated if the dominant motive for publishing the statement is actual or express malice. See Horrocks v. Lowe, [1975] A.C. 135 (H.L.), at p. 149.
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