Qualified Privilege (Defamation)

Cable Assembly Systems Ltd. et al. v. Ben Barnes et al., 2019 ONSC 97 (CanLII)

[64] In this case, I find that the words spoken by Barnes to the Belden representative, Earl, in the meeting of September 30, 2014 were defamatory. A reasonable person would consider the reputation of CAS Ltd. to be lowered by the constant reference to the poor quality of work alleged by Barnes.

[65] The issue now is whether the City of Brantford can satisfy the shifted onus to be successful in their defence. In essence, was there a qualified privilege that applied when the statements were made? If qualified privilege is established the onus shifts back to the Plaintiffs to establish malice on the part of the Defendants.

[66] The September 30, 2014, meeting was requested by Earl so he could introduce himself to the City of Brantford, his function with Belden and to see if further business between Belden and the City of Brantford was possible. Earl stated that it was Barnes who continuously geared the conversation toward the poor workmanship of CAS Ltd. Earl also stated that Barnes continued this theme despite his multiple attempts to divert the conversation to other topics.

[67] I agree with the submission of counsel for the Plaintiffs’ that Barnes comments in the meeting with Earl were not germane or reasonably appropriate to the occasion of the September 30, 2014, meeting. I also find that Barnes had an ulterior motive. He was responding to the many complaints Manese had made about him to his superiors. As a result, he acted in a malicious manner by attempting to malign the reputation of CAS Ltd. and Manese. Given this finding the Defendants cannot rely on a defence of qualified privilege.