Abrogating the Witness Immunity Rule: How Fast? How Far?

from T. Archibald & R. Echlin, eds, Annual Review of Civil Litigation 2013 (Carswell, 2013)

33 Pages Posted: 5 May 2014

See all articles by Robert J. Currie

Robert J. Currie

Dalhousie University - Schulich School of Law

Date Written: December 20, 2013

Abstract

This article examines the current state of the witness immunity rule in Canada (i.e. the rule that individuals, especially experts, are immune from tort actions which might arise from their participation in court proceedings). In light of the UK Supreme Court's modification of the rule in Jones v. Kaney (2011), some proposals are made for restricting the scope of the rule and thus allowing meritorious litigation to proceed in spite of it.

Keywords: civil procedure, civil litigation, witness immunity, absolute immunity

Suggested Citation

Currie, Robert J., Abrogating the Witness Immunity Rule: How Fast? How Far? (December 20, 2013). from T. Archibald & R. Echlin, eds, Annual Review of Civil Litigation 2013 (Carswell, 2013), Available at SSRN: https://ssrn.com/abstract=2432357

Robert J. Currie (Contact Author)

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

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