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A defamation action by a lawyer against a former client was dismissed because the impugned statements were protected by absolute privilege.
The defendants brought a Rule 21.01 motion to determine if alleged defamatory statements were protected by absolute privilege.
The plaintiff failed to appear or file materials, and his request for adjournment was dismissed due to a finding that he was "playing games with the process." The court found that the statements, made in a direction to opposing counsel regarding the disbursement of funds in matrimonial and assessment proceedings, were intimately connected to judicial proceedings and thus covered by absolute privilege.
The action for defamation was dismissed with costs.
Documents referenced in an affidavit must be produced under Rule 30.04(2), as such reference waives any settlement privilege.
KSP Holdings Inc. moved for disclosure of documents referenced in an affidavit by plaintiff's counsel, Marc Kestenberg, filed in response to KSP's motion for a stay.
KSP argued the documents were required under Rule 30.04(2), were relevant and not privileged, or that privilege had been waived.
The plaintiff claimed irrelevance and settlement privilege.
The court found the documents relevant to determining the true date of settlement between the plaintiff and a co-defendant, Secure Capital Advisors Inc., and that any settlement privilege was waived by extensive reference to the documents and negotiation details in the affidavit.
The court also held that Rule 30.04(2) mandates production of documents referred to in an affidavit, regardless of privilege.
The motion for disclosure was granted, and KSP was awarded costs.
