2008 March 26

Lewis v. Terrace Tourism Society, 2008 BCSC 361

The British Columbia Supreme Court dismissed an action brought by the plaintiff, a former Executive Director of the defendant Terrace Tourism Society (“TTS”), over allegedly defamatory statements contained in a confidential email sent by the defendant P to former members of the Board of Directors of the TTS.  The email set out the concerns of the defendant P, who  was charged with responsibility for winding up the affairs of TTS and providing a financial report, regarding certain financial matters and sought information from the email recipients. The defendant P subsequently sent a follow-up email advising that his earlier concerns had been completely resolved to his satisfaction and that matters were in fact in good order thereby retracting any defamatory imputations. The Court held that the contents of the email defamed the plaintiff, but that the email was not an actionable libel because it was published without malice by P on an occasion of qualified privilege.  The email recipients, in their capacity as former directors and members of TTS, had a reciprocal interest in the issues raised in the email.