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

Document Type

Book Chapter

Publication Date



Civil Procedure, Civil Litigation, Witness Immunity, Absolute Immunity, Proposals, Jones v. Kaney, UK Supreme Court


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.