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Clayton ats. Gutowski

Clayton ats. Gutowski

2014 ONCA 921; Lerners acted for the appellants (defendants in the action) in this appeal. This case arose out of alleged defamation. The motion judge, in determining questions of law, held that a plea of absolute privilege was not open to the appellant municipal councillors for words contained in a motion they brought in a council meeting calling for the removal of the respondent from her position as County Warden. The motion judge also dismissed the appellants’ motion to strike part of the respondent’s statement of claim. The Court of Appeal dismissed the appeal, agreeing with the motion judge that municipal councillors do not enjoy absolute privilege for comments made during council meetings and declining to extend such privilege to them.