The defendants brought a motion for summary judgment in a defamation action arising from nursing notes and a SCAN report created during a hospital birth.
The plaintiff alleged the notes and report falsely characterized his conduct and were made maliciously.
The court accepted that the statements were defamatory and had been published but found they were made on an occasion of qualified privilege and were protected by statutory immunity under the Child and Family Services Act for reporting suspected child protection concerns.
The court held there was no evidence of malice capable of defeating the privilege.
Summary judgment was granted dismissing the action.
