The appellant appealed a Master's order denying leave to add a witness as a defendant and denying an amendment to the statement of claim.
The appellant had previously settled litigation with the respondents but later sought to set aside the settlement, alleging that the respondents had coerced witnesses into swearing false affidavits.
The appellant also sought to add a witness as a defendant for alleged conspiracy and perjury.
The Divisional Court dismissed the appeal, holding that the witness was protected by absolute witness privilege.
The court also upheld the Master's decision denying the amendment to set aside the settlement, noting that the appellant had not relied on the allegedly false evidence when deciding to settle and that litigants must take responsibility for assessing prospective untrue evidence.
