Part published on 01/01/70
Possible defamation at social club AGM
At a social club’s AGM, the President allegedly made derogatory statements about one of the club members. The club member sued the club and the President for liable, slander and intentional infliction of mental suffering.
The Ontario Court of Appeal said that there was possible basis in law for such a claim and accordingly allowed the claim to proceed to trial.
[Editorial Note #1: In the editor’s view, the same principles could apply to derogatory statements (about an owner) made by a condominium director at a condominium AGM (assuming such statements were false)].
[Editorial Note #2: The concept of qualified privilege may protect a condominium director, in some cases, from claims for defamation. Under defamation law, corporate directors and officers are protected by “qualified privilege”. In general, this means that corporate directors and officers can report freely to the corporate members, without fear of resulting claims for defamation, provided there is no malicious intent in the reporting. Having said the foregoing, I recommend the following: Wherever possible, it is best to avoid making false, derogatory statements about any owner.]