Ratepayers sued a municipal councillor for defamation arising from remarks made at a televised council meeting criticizing litigation over a municipal tax bylaw and infrastructure costs.
The Court held that wrongful individual acts of elected municipal officials in Quebec are governed by arts. 1376 and 1457 C.C.Q., subject to any prevailing public law principles, and that common law doctrines of qualified privilege and fair comment are not imported directly into Quebec civil law.
Instead, the values underlying those doctrines are considered contextually in assessing civil fault, alongside freedom of expression and reputation.
Applying a deferential appellate standard, the Court found the councillor's speech, viewed as a whole and in context, was made in good faith in the public interest and did not constitute a fault.
The appeal was dismissed with costs.
