M.L.D. v. British Columbia (Children and Family Development)

M.L.D. v. British Columbia (Children and Family Development)

The Further Amended Notice of Civil Claim was dismissed because it failed to plead the essential elements of defamation with necessary particulars (no clear words, no publication to third parties in several instances, and non-defamatory content), and the negligence claim lacked causation as the plaintiff knew the...

Source-derived case information.

Citation
2015 BCSC 405
Parties
Plaintiff: M.L.D.; Defendant (crown Defendants): Her Majesty the Queen in Right of the Province of British Columbia (Ministry of Children and Family Development), Bernadine Lee, Darren DeRoon, Wendy Boden, Alick Troup; Defendant (sunshine Coast Defendants): Sunshine Coast Community Services Society; workers Jen Davey, Wesley Darragh-Bullen, Deanna Cartea
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 March 2015
Procedural Posture
Civil Tort Action (defamation and Negligence) Arising From Foster Care Relationship / Application to Strike/dismiss Pleadings (rule 9 5) Following Prior Strike Decision; Final Disposition on Strike Applications
Outcome
Plaintiff's claims against the Sunshine Coast Defendants and the Crown Defendants are dismissed for failing to disclose a reasonable cause of action; defendants awarded costs on Scale B.
Legal Topics
Strike Application, Publication Requirement in Defamation, Particulars Requirement (rule 3 7(21)(a)), Causation, Duty to Disclose Child History, Misfeasance Allegation, Freedom of Information Documents
Source Language
english
Defamation Negligence Civil Procedure Family/child Welfare Strike Application Publication Requirement in Defamation Particulars Requirement (rule 3 7(21)(a)) Causation +3 more

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Parties

M.L.D.

Plaintiff

Her Majesty the Queen in Right of the Province of British Columbia (Ministry of Children and Family Development), Bernadine Lee, Darren DeRoon, Wendy Boden, Alick Troup

Defendant (crown Defendants)

Sunshine Coast Community Services Society; workers Jen Davey, Wesley Darragh-Bullen, Deanna Cartea

Defendant (sunshine Coast Defendants)

Procedural Posture

Civil Tort Action (defamation and Negligence) Arising From Foster Care Relationship / Application to Strike/dismiss Pleadings (rule 9 5) Following Prior Strike Decision; Final Disposition on Strike Applications

Legal Issues

  1. 1 Whether the Further Amended Notice of Civil Claim discloses a reasonable cause of action in defamation against the Crown and Sunshine Coast defendants
  2. 2 Whether the pleadings plead publication and defamatory meaning with required particulars
  3. 3 Whether the negligence claim against Crown defendants establishes causation and loss attributable to non-disclosure

Ratio Decidendi

The Further Amended Notice of Civil Claim was dismissed because it failed to plead the essential elements of defamation with necessary particulars (no clear words, no publication to third parties in several instances, and non-defamatory content), and the negligence claim lacked causation as the plaintiff knew the youth's history before the closure; consequently the claims disclosed no reasonable cause of action and were dismissed under the plain-and-obvious test.

Court Disposition

Plaintiff's claims against the Sunshine Coast Defendants and the Crown Defendants are dismissed for failing to disclose a reasonable cause of action; defendants awarded costs on Scale B.

Orders

  • Plaintiff's claim against the Sunshine Coast Defendants dismissed.
  • Plaintiff's claims against the Crown Defendants dismissed.