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ARTICLE · 22 OCTOBER 2014

Ontario Court Refuses To Grant Absolute Privilege To Council Members

Paterson MacDougall LLP
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The Ontario Superior Court of Justice recently clarified which protections the law provides to elected municipal officials who defame others during council meetings.

CanadaLitigation, Mediation & Arbitration
Murray Davison
Murray Davison

The Ontario Superior Court of Justice recently clarified which protections the law provides to elected municipal officials who defame others during council meetings.

In Gutowski v. Clayton, 2014 ONSC 2908, County of Frontenac Warden Janet Gutowski alleged that four council members had defamed her in a motion made during a council meeting. The motion alleged that Gutowski had breached her oath of office by uttering promises and rewards in an effort to conspire with staff to move the municipal councillors to vote in a "biased, corrupt or [otherwise] improper manner." It said that her "peddling of political favours" shall be referred to the Minister of Municipal Affairs and Housing. In addition, Councillor David Jones asked rhetorically during the council meeting, "What other tricks has she been up to?"

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