The Supreme Court of Canada (SCC) recently declined to review a lower court’s finding that a plaintiff failed to prove her former manager defamed her by giving her a negative reference that led to revocation of a job offer. The lower court found that the manager in the case was protected because his remarks were made in the context of an employment reference, stating that “an employer must be able to give a job reference with candor as to the strengths and weaknesses of an employee, without fear of being sued in defamation for doing so.” Without being able to prove malice, the plaintiff was unsuccessful in defeating the manager’s defense of qualified privilege.
