The plaintiff, Adan McIntosh, sued Justice Sharon Shore for defamation, alleging she disseminated defamatory remarks to judicial colleagues and included them in a Case History Report with intent to influence other judges.
Justice Shore moved to strike the statement of claim under Rules 21.01(1)(a) and (b) and 25.11(c), arguing judicial immunity and absolute privilege.
The court found that the plaintiff's claim was certain to fail due to Justice Shore's unanswerable defence of judicial immunity, as her actions were within her judicial capacity, even if an error of judgment.
The court also found that absolute privilege applied as the comments were directly connected to judicial proceedings.
The motion to strike was granted without leave to amend.