How have the courts applied privilege to statements made in the context of an action for conspiracy to defame?
Ontario, Canada
The following excerpt is from Dooley v. C.N. Weber Ltd., 1994 CanLII 7512 (ON SC):
The same court extended the privilege to an action for conspiracy to defame, and applied the privilege to statements made in court, to benchers of an inn of court at disciplinary proceedings, and indeed to statements made by police officers to the Director of Public Prosecutions in the course of an investigation. The action was brought in tort for conspiracy to defame, in the case of Marrinan v. Vibart, [1963] 1 Q.B. 528. Sellers L.J. stated at p. 535: It has been sought in this case to draw a difference between the action of libel and slander, the action of defamation, and that which is set up in this case, one of conspiracy. I can see no difference in the principles of the matter at all. Whatever form of action is sought to be derived from what was said or done in the course of judicial proceedings must suffer the same fate of being barred by the rule which protects witnesses in their evidence before the court and in the preparation of the evidence which is to be so given.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is implied waiver of privilege where the holder of privilege takes some action or position inconsistent with the maintenance of privilege? (Ontario, Canada)
Is restatement of its financial statements an acknowledgment by the company that it has made material misrepresentations in relation to its audited financial statements valid for a cause of action? (Ontario, Canada)
Does the discoveryability principle apply to determine whether an action is statute barred because the statement of claim was not issued until August 18, 2011? (Ontario, Canada)
What privilege does solicitor privilege apply to confidential communications between solicitor and client? (Ontario, Canada)
Does unconscionability in the matrimonial context apply to the commercial context? (Ontario, Canada)
In the context of the Divorce Act, what are some cases where the Court of Appeal has considered the meaning of notice in a family law context? (Ontario, Canada)
How have the courts interpreted privilege in a motion to amend a statement of claim? (Ontario, Canada)
What is the test for dismissing an action as prescribed on the basis that the cause of action had accrued more than 6 years before the Statement of Claim was issued? (Ontario, Canada)
Does a statement from Western Canadian Shopping Centres about the capacity of the representative plaintiff to bear costs order under section 5(1)(e) of the CPA apply to a class action? (Ontario, Canada)
How have the courts interpreted the principles of the Court of Arbitration for the purpose of making decisions at an arbitrator rather than the court? (Ontario, Canada)
