Alberta Court Of Appeal Rules That Absolute Privilege Means Absolute

In Tuharsky v. O'Chiese First Nation and Poole Lawyers, the Alberta Court of Appeal reversed and set aside a lower court decision, which ruled that it is a triable issue as to whether a third party can commence a defamation action arising from statements in pleadings and in a fee review hearing. Our previous Blakes Bulletin discussed the King's Bench decision in Absolute Privilege: Does It Protect Against Defamatory Comments About Third Parties? In overturning the King's Bench decision, the Alberta Court of Appeal reaffirmed that absolute privilege protects any communication made within a "step" of a judicial or quasi-judicial proceeding.

Background

The plaintiff in this action was the former General Counsel for the O'Chiese First Nation (O'Chiese). O'Chiese had engaged a law firm to pursue litigation that was not successful. It had then ceased using that law firm and had retained another law firm to commence an action against the former firm,