The defendant union brought a motion for summary judgment to dismiss the plaintiff's defamation claim on the basis of qualified privilege.
The plaintiff, a former union local president, alleged that statements made in a pamphlet distributed at an annual general meeting were defamatory.
The court found that the statements were made on an occasion of qualified privilege, as the union executive had a duty to respond to the plaintiff's ongoing criticisms and inform members of the local's history.
The court concluded there was no genuine issue requiring a trial, as the plaintiff failed to provide evidence of express malice to defeat the privilege, and granted the summary judgment motion.
