Does absolute privilege apply to lawyers and witnesses in preparation for judicial proceedings?

British Columbia, Canada


The following excerpt is from Duncan v. Lessing, 2016 BCSC 1386 (CanLII):

As confirmed in McDaniel v. McDaniel, 2009 BCCA 53 at paras. 28, 29 [McDaniel], absolute privilege applies to lawyers and witnesses, covering their communications in preparation for judicial proceedings, and is absolute so that it applies regardless of the lawyers’… malice (e.g. motive)”. There was no finding of malice in that case, but simply a statement illustrating that the immunity is indeed absolute and not qualified. If the immunity were simply a qualified privilege, then malice would defeat it as a defence.

Other Questions


Does absolute privilege apply to communications by lawyers in respect of judicial proceedings? (British Columbia, Canada)
Does absolute privilege extend to communications by lawyers in respect of judicial proceedings? (British Columbia, Canada)
Does litigation privilege apply to communications between lawyers and third parties? (British Columbia, Canada)
Does absolute privilege apply to statements made by a lawyer in the course of representing a client? (British Columbia, Canada)
Does solicitor-client privilege apply to communications between lawyers and clients? (British Columbia, Canada)
Can litigation privilege apply to privileged communications between lawyers and clients? (Manitoba, Canada)
Does solicitor-client privilege apply to invoices of lawyers? (Saskatchewan, Canada)
Does litigation privilege apply to communications between lawyers and third parties? (British Columbia, Canada)
Does a statement made in a quasi-judicial proceeding constitute absolute privilege? (British Columbia, Canada)
Does solicitor-client privilege apply to communications between lawyers and clients? (Canada (Federal), Canada)