Keung v. Sheehan

Keung v. Sheehan

The court found the Occupational Health and Safety Division was exercising a quasi‑judicial/judicial function and communications made to it are covered by absolute privilege; accordingly the defamation claims disclosed no reasonable cause of action and the statement of claim must be struck under Rule 14.25(1).

Citation
2001 NSSC 59
Parties
Plaintiff/respondent: Lin Shing Keung; Plaintiff/respondent: Pe Tse Keung; Defendant/applicant: Kimberley Sheehan
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
1 February 2001
Procedural Posture
Civil (defamation Arising From Statutory Complaints) / Application to Strike Statement of Claim Under Civil Procedure Rule 14.25(1) (special Chambers)
Outcome
Application allowed; statement of claim struck.
Legal Topics
Absolute Privilege, Abuse of Process, Strike Out, Publication, Standing of Corporate Claimant
Source Language
English
Defamation Administrative Law Civil Procedure Employment Law Statutory Tribunals Absolute Privilege Abuse of Process Strike Out +2 more

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Parties

Lin Shing Keung

Plaintiff/respondent

Pe Tse Keung

Plaintiff/respondent

Kimberley Sheehan

Defendant/applicant

Procedural Posture

Civil (defamation Arising From Statutory Complaints) / Application to Strike Statement of Claim Under Civil Procedure Rule 14.25(1) (special Chambers)

Legal Issues

  1. 1 Whether communications to the Occupational Health and Safety Division are protected by absolute privilege
  2. 2 Whether the statement of claim discloses a reasonable cause of action in defamation
  3. 3 Whether the pleadings are sufficiently particularized for a defamation claim

Ratio Decidendi

The court found the Occupational Health and Safety Division was exercising a quasi‑judicial/judicial function and communications made to it are covered by absolute privilege; accordingly the defamation claims disclosed no reasonable cause of action and the statement of claim must be struck under Rule 14.25(1).

Court Disposition

Application allowed; statement of claim struck.

Orders

  • Statement of claim struck pursuant to Civil Procedure Rule 14.25(1).