What is the test for defamatory statements in a defamation action?

Alberta, Canada


The following excerpt is from Fulton v. The Globe & Mail, 1996 CanLII 10551 (AB QB):

Poland v. Maitland (1994), 27 C. P.C. (3d) 334 (N.W.T. S.C.) says that it is a clash of society’s values, p. 335: The plaintiff now commences this lawsuit, alleging that the untrue statements made about him in the complaint have defamed “his character and professional integrity.” It is submitted on behalf of the defendant that even if his statements were defamatory they were made on an occasion of absolute privilege and are therefore protected from the within action. Our society places a value on personal reputation. The law of defamation is concerned with the protection of personal reputation. Our society also places a value on freedom of speech. Often, in litigation, there is a clash of society’s values. In certain circumstances, a person’s interest in his own reputation must be subordinated to the interests of society as a whole. …

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