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DEFAMATION - Qualified privilege - When qualified privilege arises - Where maker and audience in common enterprise

Wednesday, March 14, 2018 @ 8:42 AM  

Appeal by Frank D’Addario from the dismissal of his malicious prosecution action against Smith and Napior, Smith’s nephew. Frank and his wife Ferne appealed from a decision by the trial judge to withdraw their defence of qualified privilege from the jury in Napior’s counterclaim for damages for defamation. Ferne appealed from the decision permitting the jury to consider the allegation of joint liability for the allegedly defamatory statements made by Frank. Frank and Ferne founded EMS in 1995. In 2005, Frank lost control of the company...