Municipal councillors brought a Rule 21 motion to strike a defamation action arising from statements made during a municipal council meeting and alleged media interviews.
They argued the statements were protected by absolute privilege and that certain allegations were deficient or statute-barred under the Libel and Slander Act.
The court held that Canadian law recognizes only qualified privilege for statements made by municipal councillors during council proceedings and declined to extend absolute privilege.
The court also found the allegations regarding republication in the media and the statutory notice were sufficiently pleaded at this stage.
The motion to strike was dismissed.
