John A. Fehrenbach

The appellants appealed an order finding that a letter sent by the respondent prior to litigation was protected by absolute privilege.

The appellants argued that the prospect of litigation was too remote at the time the letter was sent.

The Court of Appeal dismissed the appeal, upholding the motion judge's finding that the letter was a preparatory step taken with a view to judicial proceedings and therefore fell within the confines of absolute privilege.

The appellant appealed a trial judgment, arguing the trial judge erred in refusing to permit him to call his wife as a witness.

The Court of Appeal dismissed the appeal, finding no error given the lengthy delays, the failure to list the wife in the affidavit of documents, the failure to notify opposing counsel until the date of trial, and the wife's unavailability on the first day of trial.

Costs of $7,500 were awarded to the respondent.