The appellants sued the respondent physicians for damages, including the difference between their actual legal fees and the costs awarded in prior proceedings regarding the withdrawal of life support, as well as damages for various torts based on a pre-litigation letter sent by the respondents' counsel.
The motion judge dismissed the action as an abuse of process.
The Court of Appeal upheld the dismissal, finding that the claim for legal fees was barred by issue estoppel and the tort claims were barred by the doctrine of absolute privilege, as the letter was intimately connected to contemplated judicial proceedings.
