What is the test for including defamatory statements in a publication?

British Columbia, Canada


The following excerpt is from Level One Construction Ltd. v Burnham, 2018 BCSC 1354 (CanLII):

It is for the trier of fact to determine whether inclusion of a defamatory statement was necessary to communicate on a matter of public interest: Grant at para. 118. In doing so, however, it is important to grant generous scope about the editorial choices made about what particular statements to include in a publication: Lougheed Estate v. Wilson at para. 186.

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