What is the current state of the law on witness immunity?

Ontario, Canada


The following excerpt is from Vie Holdings Inc. v. Imperial Oil Limited, 2007 CanLII 242 (ON SC):

The principles with respect to witness immunity were reviewed by Cromwell J.A. in Elliott v. Insurance Crime Prevention, supra, where he stated at para. 116: The absolute immunity of witnesses exists because it is necessary to protect the proper functioning of the administration of justice. "Strict necessity" said Duff J. in Halls, "is the basis of the privilege".

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