12/06/13 – Jurisdiction Ontario
Part 40 published on 01/11/12
Appeal dismissed. No claim for defamation available to former director
Part 40 published on 01/11/12
Appeal dismissed. No claim for defamation available to former director
The plaintiff (former director) claimed that he had been defamed by statements made in a requisition for a meeting (seeking his removal from the Board). His claims were dismissed at trial. [See Condo Cases Across Canada Part 33, February 2011.]
The Claimant appealed, and the appeal was dismissed. The Appeal Court said:
While the test for defamation was met, the respondents were entitled to the defenses of justification, fair comment, and qualified privilege.