Express Malice

• Author: Roger McConchie; David Potts
• Profession: Member of the Bars of British Columbia and Alberta/Member of the Bar of Ontario
• Pages: 299-333

CHAPTER

SIXTEEN:

Express

Malice

A.

INTRODUCTION

A

defendant

is

actuated

by

express malice

if he or she

publishes defamato-

ry

expression:

i)

knowing

it is

false;

or

ii)

with reckless

indifference

whether

it is

true

or

false;

or

iii) for the dominant purpose of injuring the plaintiff because of spite or

animosity;

or

iv)

for

some other dominant purpose which

is

improper

or

indirect,

or

also,

if the

occasion

is

privileged,

for a

dominant purpose

not

related

to

the

occasion.

More

than

one of

these closely-related findings

of

express malice

may be

made

by the

court

in a

given case.

Hiltz

and

Seamone

Co. v.

Nova

Scotia

(Attorney

General)

(1997),

164

N.S.R.

(2d) 161,

N.S.J.

No. 530 per

Stewart

J. at

paras.

92

[improper dominant pur-

pose],

103

[reckless

falsities],

108

[indirect

or

improper purpose