22/05/13 – Jurisdiction Newfoundland and Labrador
Part 25 published on 01/02/09
President of condominium corporation sued personally for defamation
Part 25 published on 01/02/09
President of condominium corporation sued personally for defamation
The President of a condominium corporation sent a defamatory letter to one of the owners of the condominium. The letter was distributed to all of the occupants of the condominium (some being tenants). A copy of the letter was also received by the condominium’s banking institution and the owner’s employer.
The Court held that the defendant was liable to the plaintiff for defamation and that the defences of fair comment, qualified privilege and justification were not established in this case. The Court also held that the defendant’s written apology was “equivocal” and accordingly did not justify any reduction in the amount of damages awarded.
The condominium corporation was not a party to the lawsuit.