In the law of defamation, absolute privilege is a complete
defence. However, the doctrine of absolute privilege extends beyond
defamation law to prevent other causes of action that arise out of
"anything said or done by anybody in the course of judicial
proceedings whatever the nature of the claim made in respect of
such behavior or statement."
In Burns v. Osuji, 2026 ABKB 108,
the defendant lawyers were able to rely on the doctrine of absolute
privilege to strike out two separate actions brought against them
for playing an intimate video of the plaintiffs at an Early
Intervention Case Conference ("EICC").
The plaintiffs were the former husband of the defendant
lawyers' client and the husband's girlfriend. The husband
and the wife were involved in divorce proceedings, to which the
husband's girlfriend was not a party.
