What is the state of the law for a defendant in a civil case where he is accused of making false statements in an affidavit?
British Columbia, Canada
The following excerpt is from Oreck v. Tremblett, 2014 BCSC 2333 (CanLII):
The defendant says that any allegedly defamatory or false statements in an affidavit are protected by absolute privilege and no action can arise from them: McDaniel v. McDaniel, 2009 BCCA 53 at para. 43. He also says there is no civil action based on perjury, denies the alleged assault and contends that any reference to a monkey was not defamatory.
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