Body Shop Canada Ltd. v. Dawn Carson Enterprises Ltd.

Body Shop Canada Ltd. v. Dawn Carson Enterprises Ltd.

The court struck Carson's defamation claim against OPB (and against BSC by consent) for failure to plead necessary particulars (identities, exact words, particulars of publication) and struck the abuse of process claim against OPB because the pleadings do not allege use of legal process for a collateral illicit purpose or the requisite acts or special damages; however the court refused to strike the tortious interference claims because the elements of economic torts remain unsettled and Carson's pleadings disclose a plausible legal basis that must be decided at trial.

Citation
2010 NSSC 25
Parties
Plaintiff/defendant by Counterclaim: The Body Shop Canada Limited; Defendant/plaintiff by Counterclaim: Dawn Carson Enterprises Limited; Defendant/plaintiff by Counterclaim: Dawn Carson; Third Party: OPB Realty (Halifax Centre) Inc.; Third Party: 20 VIC Management Inc.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
21 January 2010
Procedural Posture
Civil (contract and Tort) / Motions for Summary Judgment on Pleadings Under Rule 13.03
Outcome
Motions granted in part and denied in part: defamation claims struck against OPB and BSC (BSC by consent); abuse of process claim struck against OPB; motions to strike tortious interference claims denied.
Legal Topics
Summary Judgment, Striking Pleadings, Tortious Interference With Contractual Relations, Abuse of Process, Particularity in Defamation Pleadings, Third Party Claims
Source Language
English
Defamation Tort Law Contract Law Civil Procedure Landlord and Tenant Law Summary Judgment Striking Pleadings Tortious Interference With Contractual Relations +3 more

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Parties

The Body Shop Canada Limited

Plaintiff/defendant by Counterclaim

Dawn Carson Enterprises Limited

Defendant/plaintiff by Counterclaim

Dawn Carson

Defendant/plaintiff by Counterclaim

OPB Realty (Halifax Centre) Inc.

Third Party

20 VIC Management Inc.

Third Party

Procedural Posture

Civil (contract and Tort) / Motions for Summary Judgment on Pleadings Under Rule 13.03

Legal Issues

  1. 1 Whether Carson's defamation pleadings against OPB and BSC disclose a cause of action
  2. 2 Whether Carson's pleadings disclose a cause of action for tortious interference with contractual relations against BSC and OPB
  3. 3 Whether Carson's pleadings disclose a cause of action for abuse of process against OPB

Ratio Decidendi

The court struck Carson's defamation claim against OPB (and against BSC by consent) for failure to plead necessary particulars (identities, exact words, particulars of publication) and struck the abuse of process claim against OPB because the pleadings do not allege use of legal process for a collateral illicit purpose or the requisite acts or special damages; however the court refused to strike the tortious interference claims because the elements of economic torts remain unsettled and Carson's pleadings disclose a plausible legal basis that must be decided at trial.

Court Disposition

Motions granted in part and denied in part: defamation claims struck against OPB and BSC (BSC by consent); abuse of process claim struck against OPB; motions to strike tortious interference claims denied.

Orders

  • Defamation claim against OPB struck.
  • Defamation claim against The Body Shop Canada Limited struck with the consent of Carson.