2014 June 13

Vedic Hindu Cultural Society v. Joshi, 2014 BCSC 1070

The British Columbia Supreme Court granted summary judgment dismissing an action for defamation by the Society and three individual plaintiffs arising from a series of complaints made by members of the plaintiff society concerning the conduct of other members on the basis the email communications at issue were sent on an occasion of qualified privilege. The complainant sent her complaint by email to the defendant J, who the judge described as “a long-serving member of the Board and a senior female member of the Society.” J in turn sent the allegations by email to the very entity in the Society charged with dealing with such complaints, and forwarded her comments of solidarity, and concern, to the Council as well as to the complainant herself. In addition, the Court held that the Society was not a proper plaintiff because the words complained of in the three publications at issue did not refer to the Society.