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High Court affirms Circuit Court order striking out defamation proceedings based on an allegation that the defendant uttered defamatory words concerning the plaintiff during a court-ordered child welfare investigation interview, on the grounds that: (1) the defamation proceedings are an affront to the in camera rule in legal proceedings, and constitute an abuse of the court's process; and (2) the statements themselves fall under the legal protection of absolute privilege where they were made in contemplation of litigation.
Application to dismiss/strike out defamation proceedings - failure to disclose reasonable cause of action - frivolous, vexatious and bound to fail - abuse of process - whether proceedings a breach of the in camera rule (in the context of current family law proceedings ongoing between the parties) - whether alleged statement uttered by defendant to social worker in the context of the family law proceedings is the subject of absolute privilege in law - court entitled to take steps to protect its own process - proceedings a clear breach of in camera rule as the alleged statement was made directly in the context of a court ordered family law litigation investigation - not draconian to strike out claim before defence has been delivered - law on absolute privilege - statements are covered - made in contemplation of litigation - decision of Circuit Court striking out proceedings affirmed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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