Michael is the ex-husband of Janice, and he files a complaint against Janice's lawyer, Ken, regarding Ken's conduct as a lawyer. Michael discovers that Ken is in a sexual relationship with his ex-wife Janice. Michael immediately notifies the Law Society of Ontario that Ken is in a sexual relationship with his client and violating several ethics rules. Ken is incredibly angry about the allegations and threatens to sue Michael for having reported him to the Law Society of Ontario.

 

a) On what basis can Ken sue Michael? Please explain your answer, including stating and applying the law to the facts. 

 

b) Please fully explain the defense(s) that Michael can rely on.