May 25, 2017
Brissette v Cactus Club Cabaret Ltd. 2017 BCCA 200
Justice Tysoe, writing for the court, held that it was appropriate on a summary trial to decide the issue of qualified privilege and therefore he did not deal with the issue of truth.
From a legal analysis perspective, Justice Tysoe’s comments about summary trials in general are a focused commentary that addresses their history in British Columbia. His analysis of the defence of qualified privilege is also a focused review of relevant principals.