Is there absolute immunity for pleading, affidavit or pleading in a defamation case?
British Columbia, Canada
The following excerpt is from Bernstein et al v. Stoytcheva-Todorova et al, 2007 BCSC 14 (CanLII):
To the extent that any claim based in defamation is founded on a pleading, an affidavit, or any other process of the court or part of the litigation, it is defeated by the absolute immunity that attaches to documents properly used in the litigation process. If authority is needed for that proposition, it can be found in Schut v. Magee, 2003 BCCA 417, at para. 15.
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