On December 11, 2012, the Supreme Court of British Columbia summarily dismissed a claim for defamation which was “bound to fail” because of the defences of qualified privilege and absolute immunity. In Merit Consultants International Ltd. v. Chandler, 2012 BCSC 1868, the defendants were directors of a publically-traded company that had entered into, then terminated, an agreement with the plaintiff construction company. When the plaintiff responded by suing the defendants’ company for breach of contract, the defendants had a news release published that included the following:
Contract Termination Dispute
On April 29, 2008 we were served by Merit Consultants International Inc. (“Merit”) with a writ of summons claiming damages for alleged breach of contract in our termination of Merit’s contract on April 1, 2008. We consider Merit’s claim to be inappropriate under the circumstances and will vigorously defend the action and counterclaim alleging negligence and breach of contract on the part of Merit that has caused damage to [our company], and for costs.