Does a witness in a civil proceeding have absolute immunity from civil action at common law?
British Columbia, Canada
The following excerpt is from D.L.H. v. M.J.M., 2011 BCSC 1228 (CanLII):
The defendants argue that witnesses in a judicial proceeding are protected by an absolute immunity from civil suit at common law, citing Olynyk v. Kilback, 2010 BCSC 1694 at para.103, 16 B.C.L.R. (5th) 344; and Hung v. Gardner, 2003 BCCA 257 at paras. 6-37, 13 B.C.L.R. (4th) 298. It is not necessary for me to decide on the validity of that argument, as I have already found that the allegations of perjury and false testimony do not give rise to actionable claims in and of themselves, or in connection with the claim in negligence.
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