2006 July 7

Tan v. Yukon Territory, 2006 YKSC 45

The Yukon Supreme Court struck out a defamation claim relating to an email which the plaintiff alleged was sent to him by the Public Service Commissioner in March, 2005, which the Commissioner also copied to the plaintiff’s alleged union representative. The plaintiff having failed to plead express malice in relation to that email, the Court held that the email was sent on an occasion of qualified privilege and the plaintiff’s defamation claim therefore disclosed no reasonable cause of action. Alternatively, the Court would have dismissed the defamation claim pursuant to Rule 18A (summary trial) in view of the affidavit evidence before the Court.