For instance, in a previous case, the court found that only
a qualified privilege applied where a company that reported criminal violations was not the target of the government's investigation at the time of the report.
In addition, the court found that the defence of
qualified privilege applied.
Qualified privilege applies to an occasion where the defendant has an interest or duty (legal, social, or moral) to communicate the defamatory expression and its recipients have a corresponding duty or interest to receive that communication: Pressler v. Lethbridge (2000), 86 B.C.L.R. (3d) 257 at 295, 2000 BCCA 639.
Not exact matches
This Reinstatement
Privilege only
applies if the Advisor Plan is notified that a contribution
qualifies for a reduced Initial Sales Charge at the time the contribution is made.
Qualified Members receive Overdraft
Privilege, a helpful resource that covers your overdrawn checks and provides you peace of mind you should expect from an attentive credit union (fees
apply.)
Even where the defence of
qualified privilege would otherwise
apply, it can still be defeated if it is shown that the person making the defamatory statement was motivated by malice when making the statement.
The defence of
qualified privilege and whether or not it will
apply has attracted a lot of attention by our courts, with variable results.
Although it
applies to a broader range of occasions,
qualified privilege is less clear - cut and more dependent on the specific circumstances surrounding a defamatory statement.
The ancient right of legal professional
privilege (LPP)
applies only to
qualified solicitors and barristers, the Supreme Court has held.
Defamation and
Qualified Privilege 3 Public participation constitutes an occasion of qualified privilege and, for that purpose, the communication or conduct that constitutes the public participation is deemed to be of interest to all persons who, directly or indirectly, a) Receive the communication, or b) Witness the conduct 4 Any qualified privilege that applies in respect of an oral or written communication on a matter of public interest between two or more persons who have a direct interest in the matter applies regardless of whether the communication is witnessed or reported on by media representatives or other
Qualified Privilege 3 Public participation constitutes an occasion of qualified privilege and, for that purpose, the communication or conduct that constitutes the public participation is deemed to be of interest to all persons who, directly or indirectly, a) Receive the communication, or b) Witness the conduct 4 Any qualified privilege that applies in respect of an oral or written communication on a matter of public interest between two or more persons who have a direct interest in the matter applies regardless of whether the communication is witnessed or reported on by media representatives or other
Privilege 3 Public participation constitutes an occasion of
qualified privilege and, for that purpose, the communication or conduct that constitutes the public participation is deemed to be of interest to all persons who, directly or indirectly, a) Receive the communication, or b) Witness the conduct 4 Any qualified privilege that applies in respect of an oral or written communication on a matter of public interest between two or more persons who have a direct interest in the matter applies regardless of whether the communication is witnessed or reported on by media representatives or other
qualified privilege and, for that purpose, the communication or conduct that constitutes the public participation is deemed to be of interest to all persons who, directly or indirectly, a) Receive the communication, or b) Witness the conduct 4 Any qualified privilege that applies in respect of an oral or written communication on a matter of public interest between two or more persons who have a direct interest in the matter applies regardless of whether the communication is witnessed or reported on by media representatives or other
privilege and, for that purpose, the communication or conduct that constitutes the public participation is deemed to be of interest to all persons who, directly or indirectly, a) Receive the communication, or b) Witness the conduct 4 Any
qualified privilege that applies in respect of an oral or written communication on a matter of public interest between two or more persons who have a direct interest in the matter applies regardless of whether the communication is witnessed or reported on by media representatives or other
qualified privilege that applies in respect of an oral or written communication on a matter of public interest between two or more persons who have a direct interest in the matter applies regardless of whether the communication is witnessed or reported on by media representatives or other
privilege that
applies in respect of an oral or written communication on a matter of public interest between two or more persons who have a direct interest in the matter
applies regardless of whether the communication is witnessed or reported on by media representatives or other persons.
The Court found the
qualified privilege provision of the Act did not
apply as the statements were made before the Act was implemented.
[4] The appellants unsuccessfully argued the motion and the appeal, with both courts agreeing that the defence of
qualified privilege, but not absolute
privilege,
applies to statements made by municipal councilors in council meetings.
The court next turned to whether one of the following defences
applied: the defence of justification (the statement was substantially true) or the defence of
qualified privilege (the statement was made in a protected context — in this case, during a reference check).
3 Public participation constitutes an occasion of
qualified privilege and, for that purpose, the communication or conduct that constitutes the public participation is deemed to be of interest to all persons who, directly or indirectly, a) Receive the communication, or b) Witness the conduct 4 Any
qualified privilege that
applies in respect of an oral or written communication on a matter of public interest between two or more persons who have a direct interest in the matter
applies regardless of whether the communication is witnessed or reported on by media representatives or other persons.
EU legal professional
privilege applies to communications between a client and its EEA
qualified external lawyer.
The
privilege applies only to communications with external lawyers,
qualified to practice in a jurisdiction of the European Economic Area (EEA), as well as to documents prepared exclusively for the purpose of seeking their advice.
In contrast, the court opined that
qualified or conditional
privilege applies where one «communicat [es] information of public interest to a public officer or private citizen authorized to take action if the information is true.»
On the facts in the case at bar, I find that the defence of
qualified privilege simply does not
apply.
Any
qualified privilege that
applies in respect of an oral or written communication on a matter of public interest between two or more persons who have a direct interest in the matter
applies regardless of whether the communication is witnessed or reported on by media representatives or other persons.