Part 34 published on 01/05/11
President’s newsletter protected by qualified privilege. No claim for defamation
The Martins were the owners of a ground floor residential strata lot. They had made various complaints about the financial management of the strata council. Subsequently, they alleged that one of the council members, Mr. Lavigne, while travelling on a public walkway outside their window, had stared at them through their window in an intimidating manner. They complained to the Strata council about Mr. Lavigne’s conduct.
The council’s President then sent a newsletter to all owners in which he described the dispute between the Martins and Mr. Lavigne, and said that it was necessary to file a police complaint against the Martins.
The Martins asserted two claims: A claim against Mr. Lavigne for nuisance (in relation to the alleged staring incident); and a claim against the strata corporation President for defamation (in relation to the publication of the newsletter). The lower Court dismissed both claims and the decision was upheld on appeal. The Courts’ reasons were as follows:
1. The alleged staring did not fall within the law of nuisance and also was too minor to justify any order of the court.
2. The President of the strata council had a duty to inform owners about the Martins’ complaints and the strata council’s actions in attempting to resolve those complaints. There was no evidence of malice and the President did not exceed the boundaries of his duty. Therefore, although the newsletter did contain some false and defamatory statements, the defense of qualified privilege applied (to prevent any judgment in favour of the Martins).