Guergis’ suit originated in December 2011, when the former MP sought damages for conspiracy, defamation, misfeasance in public office, intentional infliction of mental suffering and negligence against several defendants including Hamilton and his law firm, Cassels Brock & Blackwell LLP, and Harper.

The original statement of claim was struck down in 2012 - a decision that was affirmed by an appeal court in 2013 - and Guergis was given leave to file a new claim, which she did in 2014.

That claim alleged that there existed a lawyer-client relationship between the solicitor, the law firm and Guergis, and that the solicitor breached his professional duties to his client, by his actions and by his words, thereby causing her damages.

The amended statement of claim also alleges Hamilton published defamatory words concerning Guergis on four occasions.

In a request for leave to appeal heard before Justice Warkentin in December, the lawyers for Cassels Brock and Hamilton argued the court should strike out the second statement of claim because Harper’s decisions were protected by an exercise of Crown privilege.

But while Parliamentary privilege protected the decisions of the Prime Minister, “those privileges could not be used by Hamilton to shield himself,” Guergis’ lawyers David Sheriff-Scott and Stephen Victor argued.

Warkentin wrote in her Dec. 7 ruling: “It was open to the Motion Judge to find that the issue of parliamentary privilege versus solicitor and client confidentiality was an issue best determined by the trial judge rather than on a pleadings motion.”

In a separate matter overseen by Justice Charles T. Hackland in January, that judge awarded Guergis nearly $40,000 in costs related to an effort by Hamilton and Cassels Brock & Blackwell to strike portions of Guergis’ amended statement of claim.

In a ruling issued in December, Justice Hackland accepted the defendants’ submissions on an issue of defamatory meaning, but decided that Guergis was otherwise successful in defending the motion by the defendants.

Guergis’ claims have yet be proven in court.