The defendants, lawyers and a law firm, sought leave to appeal a motion judge's refusal to strike paragraphs in a Statement of Claim.
The plaintiffs, victims of a Ponzi scheme, sued the defendants for negligence based on statements made during an Ontario Securities Commission investigation.
The defendants argued the statements were protected by absolute privilege.
The Divisional Court granted leave to appeal, finding there was good reason to doubt the correctness of the motion judge's decision to leave the issue of absolute privilege to the trial judge, and that the application of absolute privilege is a matter of significant importance.
