The plaintiff, a lawyer, brought a defamation action against a conservation officer and the Crown after the officer left a voicemail for the plaintiff's client stating that the plaintiff was 'pretty much incompetent' and had 'mishandled grossly' the client's case.
The defendants conceded the statement was defamatory but argued the defence of qualified privilege.
The court found that the officer did not have a moral duty to make the call, and thus the occasion was not protected by qualified privilege.
Furthermore, even if privilege applied, the officer exceeded its scope by making gratuitous comments about the plaintiff's competence.
The court awarded the plaintiff $10,000 in general damages.