Making Complaints To Regulatory Bodies Within The Protection Of Absolute Privilege

When someone makes a complaint about a professional to a professional regulatory body, he or she can do so within the protection of absolute privilege, provided that certain safeguards are taken.  The protection of absolute privilege provides a complete defence to any civil claim arising from the complaint, including a defamation claim.

The defence of absolute privilege exists to protect the functioning of the judicial and quasi-judicial process and to encourage individuals to participate in the judicial or quasi-judicial process without fear of exposing themselves to civil action.

An occasion of absolute privilege exists if the purpose of the communication is sufficiently related to or necessary for the judicial or quasi-judicial proceedings.  Hence, a letter initiating a complaint to a regulatory body, correspondence to and from, or testimony given in relation to the proceeding, would be protected.  However, the protection of absolute privilege does not extend