The appellant, the Leader of the Official Opposition, appealed an order striking out parts of his statement of defence in a defamation action brought by the respondent, a Cabinet Minister.
The action arose from statements made by the appellant regarding the respondent's alleged interference in an Ontario Municipal Board matter.
The motion judge had struck out paragraphs relating to fair comment, justification, qualified privilege, and the Charter.
The Court of Appeal allowed the appeal in part, reinstating the paragraphs detailing particulars of fair comment and justification, finding the motion judge failed to balance oppression against relevance.
The Court also reinstated the defence of qualified privilege, holding it was not plain and obvious that the defence could not succeed given the ongoing public interest in the issue.
Leave to amend the statement of defence was granted.
