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ARTICLE · 15 FEBRUARY 2023

Defence Of Qualified Privilege Available To Township For Posting Letters From Public

Gardiner Roberts LLP
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Municipal site plan applications have a public component that may expose an applicant to complaints from people who are opposed to their plans. As part of the application process...

CanadaLitigation, Mediation & Arbitration
James R.G. Cook
James R.G. Cook
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Municipal site plan applications have a public component that may expose an applicant to complaints from people who are opposed to their plans. As part of the application process, comments from the public may be made widely available through the municipality's website or other online sources. In Thatcher-Craig v. Clearview (Township), 2023 ONCA 96, the Ontario Court of Appeal determined that a municipality may be exempt from claims for defamation as the entire occasion of the application process is subject to the defence of qualified privilege.

The plaintiffs owned and operated a hops farm on property within the Township of Clearview, Ontario. In 2015, they applied for a minor variance in order to build a permanent home on the farm property, which was approved despite some opposition from local residents.

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