Is absolute privilege attached to statements made in court?

British Columbia, Canada


The following excerpt is from Prescott Strategic Investments Limited Partnership v. Flair Airlines Ltd., 2022 BCCA 70 (CanLII):

The appellant also refers to Duncan v. Lessing, 2018 BCCA 9, and particularly to its discussion of absolute privilege attaching to statements made in court. I am not persuaded that that assists. Absolute privilege has never meant that words spoken in court cannot affect a disposition of costs. I do not see the award of costs in the court below as violating considerations of absolute privilege.

Other Questions


Is there an implied waiver of privilege where a party waives privilege but takes a position in relation to privileged materials that is inconsistent with maintaining privilege? (British Columbia, Canada)
Does a statement made in a quasi-judicial proceeding constitute absolute privilege? (British Columbia, Canada)
Is there an occasion of qualified privilege where a statement was given to a person who had an interest or duty to make the statement? (British Columbia, Canada)
In what circumstances will the Supreme Court in BCSC 871 interpret the principles of the Court of Appeal in the context of the Canadian Court of Justice's decision on the doctrine of common law? (British Columbia, Canada)
What is the difference between qualified privilege and absolute privilege? (British Columbia, Canada)
Does absolute privilege apply to statements made by a lawyer in the course of representing a client? (British Columbia, Canada)
Is an independent statement privileged in the context of solicitor-and-client privilege? (British Columbia, Canada)
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
What is litigation privilege and what is the effect of litigation privilege on court-appointed and joint appointed experts? (British Columbia, Canada)
Is there any absolute privilege attached to a June 3 e-mail? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.