What is absolute privilege and what is the test for absolute privilege?

Ontario, Canada


The following excerpt is from Taylor v Ontario (Community Safety and Correctional Services), 2018 CanLII 7266 (ON PSGB):

The Human Rights Tribunal of Ontario considered the application of the doctrine in Ornelas v. Casamici Restaurant, supra, and summarised the key concepts at paragraph 90: Absolute privilege is a common law principle, which, among other things, prohibits legal proceedings which are based on statements made by legal counsel while representing their clients in respect of ongoing or contemplated judicial or quasi-judicial proceedings. It is rooted in the principle that legal counsel must be free to carry out their professional duties to their clients without fear of consequences. In this way, absolute privilege exists to serve the public’s interest in the orderly and effective administration of justice.

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