Defamation Claim Survives Dismissal Under Doctrine Of Absolute Privilege (Drabinsky v. Kepinski)

The doctrine of absolute privilege may shield communications that are made during the course of legal proceedings from defamation claims. In determining whether absolute privilege applies, a court may wish to assess the parties' intent in making the statements at issue, the reason for which the impugned statements were put into documents, and the context in which the statements were made. Without such evidence, the claim may survive a motion to strike, as demonstrated by the Superior Court of Justice decision in Drabinsky v. Kepinski, 2025 ONSC 408 (CanLII).

The plaintiff in the case was a well-known Canadian theatre producer. In 2009, he was convicted of two related criminal offences, sentenced to 5 years' imprisonment, and released after 17 months. He subsequently received a full pardon from the Government of Canada in relation to the convictions.