Monument Mining Limited v. Balendran Chong & Bodi

Monument Mining Limited v. Balendran Chong & Bodi

The chambers judge's order striking out the action was set aside because the pleadings disclosed arguable causes of action: the letters were reasonably capable of bearing defamatory meanings referring to Monument and capable of supporting a claim for slander of title, so the action could not be dismissed under Rule...

Source-derived case information.

Citation
2010 BCCA 373
Parties
Plaintiff (appellant): Monument Mining Limited; Respondent (defendant): Balendran Chong & Bodi; Respondent (defendant): Sim Tze Chui (also known as Jyn Tze Chui Baker); Respondent (defendant): Kenneth John Baker
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
11 August 2010
Procedural Posture
Defamation and Slander of Title / Appeal From Chambers Judge's Order Striking Out Action Under Rule 19(24)(a) (2009 BCSC 1422)
Outcome
Appeal allowed; order striking out action set aside.
Legal Topics
Libel, Slander of Title, Strike‑out Standard Under Rule 19(24)(a), Colloquium and Reference by Association, Securities Disclosure Obligations
Source Language
english
Defamation Civil Procedure Property Law Libel Slander of Title Strike‑out Standard Under Rule 19(24)(a) Colloquium and Reference by Association Securities Disclosure Obligations

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Summary, issues, holding and outcome

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Parties

Monument Mining Limited

Plaintiff (appellant)

Balendran Chong & Bodi

Respondent (defendant)

Sim Tze Chui (also known as Jyn Tze Chui Baker)

Respondent (defendant)

Kenneth John Baker

Respondent (defendant)

Procedural Posture

Defamation and Slander of Title / Appeal From Chambers Judge's Order Striking Out Action Under Rule 19(24)(a) (2009 BCSC 1422)

Legal Issues

  1. 1 Whether the impugned letters were reasonably capable of referring to the plaintiff (colloquium)
  2. 2 Whether the statement of claim disclosed an arguable cause of action in libel
  3. 3 Whether the statement of claim disclosed an arguable cause of action in slander of title

Ratio Decidendi

The chambers judge's order striking out the action was set aside because the pleadings disclosed arguable causes of action: the letters were reasonably capable of bearing defamatory meanings referring to Monument and capable of supporting a claim for slander of title, so the action could not be dismissed under Rule 19(24)(a).

Court Disposition

Appeal allowed; order striking out action set aside.

Orders

  • Set aside the chambers judge's order dated September 9, 2009 (2009 BCSC 1422) striking out the action.
  • Remit the action to proceed in the Supreme Court of British Columbia.