by Catherine McKenzie
Irving Mitchell Kalichman LLP
In the recent decision of Ontario v. Rothmans et al. (2014 ONSC 3382), the Ontario Superior Court of Justice was asked to strike certain allegations made in the claim brought by the government under its tobacco damages recovery legislation against various tobacco companies on the basis that they violated parliamentary privilege. In the course of that proceeding, the Court rendered an important decision in respect of the scope of the application of the privilege and made it clear that allegations which clearly violated the privilege ought to be struck from the proceedings.
