2011 February 3

Blumas v. Institute of Chartered Accountants of Ontario, 2011 ONCA 94

The Ontario Court of Appeal unanimously sustained a trial court dismissal of a defamation action on the basis that the defamatory and inaccurate email was sent by the defendant on an occasion of qualified privilege. The plaintiff failed to prove actual malice on the part of the defendant which would have vitiated the qualified privilege defence. The Court of Appeal held that the ICAO officials involved with the email were “acting in the public interest, in the context of a confidential regulatory process. It is important in such circumstances that the officials involved be free to speak candidly…The information communicated was reasonably within the scope of the regulatory process in the circumstances at the point when the information was given.”