Also, any potential defence of fair comment was defeated by the finding of malice. (slaw.ca)
In respect of (2), the Court of Appeal reiterated the test to establish the defence of fair comment, being: (a) the comment must be on a matter of public interest; (b) the comment must be based on fact; (c) the comment, though it can include inferences of fact, must be recognisable as comment; (d) whether the person honestly express that opinion on the proved facts; and (e) whether the defendant was actuated by express malice. (gilbertsondavis.com)
The Court of Appeal held that the defence of fair comment applied. (gilbertsondavis.com)