Rod Gillis argues Ferguson can't be guilty of defamation because any comments about alleged wrongdoing by the pension board was made while he was a councillor and is therefore protected by qualified privilege.
However, pension board lawyer Barry Morrison maintains qualified privilege doesn't apply if there is malice in the comments that were made.
Gillis told jurors Ferguson wanted answers to the city's growing pension deficit but board members who benefitted from changes made to the plan were stonewalling him.
