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ARTICLE · 30 OCTOBER 2024

Litigators Beware: Claims For Malicious Prosecution May Not Be Barred By The Doctrine Of Absolute Privilege

Singleton Urquhart Reynolds Vogel LLP
Singleton Urquhart Reynolds Vogel LLP
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Singleton Urquhart Reynolds Vogel LLP

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While the common law doctrine of absolute privilege, which protects statements made by lawyers and others in the course of judicial proceedings from legal attack, may be well established, the scope of its application continues to evolve.

CanadaLitigation, Mediation & Arbitration
Nicholas Reynolds
Nicholas Reynolds
Jonathon Obara
Jonathon Obara

While the common law doctrine of absolute privilege, which protects statements made by lawyers and others in the course of judicial proceedings from legal attack, may be well established, the scope of its application continues to evolve. This has significant implications for litigation counsel.

The Court of Appeal for Ontario's recent decision in Curtis v McCague Borlack LLP, 2024 ONCA 729 marks the Court's most recent development of the boundaries of absolute privilege. In Curtis, the Court, considering allegations that a lawyer had deliberately filed an inaccurate affidavit, unanimously held that although the doctrine of absolute privilege "plainly applies beyond defamation," a claim for malicious prosecution may be pursued in spite of it.1

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