Commonwealth Motor Parts Ltd. v. Bank of Nova Scotia

Memorandum. The order of the Appellate Division should be affirmed.

The alleged libelous communication was from one banking institution to another relative to the banking affairs of a customer of both institutions as to which each had a direct *826and substantial interest. As such it was subject to a qualified privilege. In neither pleadings nor supporting papers do plaintiffs allege evidentiary facts which, by themselves or in consequence of inferences fairly to be drawn from them, raise any triable issue of fact as to malice on the part of defendant bank.

Similarly with respect to the intentional…