Defamatory Statements Justified and Protected by Qualified Privilege
January 13, 2010

On January 12, 2010, Supreme Court of B.C. Justice Shabbits dismissed the claims of defamation in McVeigh v. McWilliam, 2010 BCSC 34. Whitelaw Twining's own Nigel Beckmann successfully defended the trustee of a local improvement district against claims brought by Mr. McVeigh, a ratepayer of the district. The lawsuit was commenced after the trustee published statements at an open general meeting of the district. The gist of his comments suggested that the plaintiff was making irresponsible and accusatory allegations against the defendant, his fellow trustees and others.

Mr. Justice Shabbits found that previous correspondence disseminated by the plaintiff was itself defamatory. This and other factors gave rise to the finding of a qualified privilege, within which the defendant published the impugned statements. The Court also agreed that the defendant's statements were justified.

If you wish further information on this case or defamation issues in general, contact Nigel Beckman who would be happy to discuss the issue with you.