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Ontario Court of Appeal dismissed an appeal from a s. 137.1 dismissal, holding the action failed at the substantial-merit stage and the costs award stood.
The Ontario Court of Appeal held that a confidential complaint to church authorities could meet the public-interest threshold for an anti-SLAPP motion and remitted the matter.
Ontario Court of Appeal dismissed an appeal over boat ownership, finding a contract of sale, no joint venture, and no reversible error on fiduciary duty, defamation, damages, or costs.
The NOCC fails to plead essential material facts and legal elements for the asserted causes of action, rests on speculative future harm rather than present injury, and the record (including the transcript and reports) does not substantiate the alleged falsehoods; alternative administrative remedies exist; therefore the claim discloses no reasonable cause of action and cannot succeed and must be struck under Rule 9-5(1)(a) and (b) without leave to amend.
Source excerpt
Parts 1 and 3 of the Further Amended Notice of Civil Claim were struck out with leave to amend because the pleadings contained substantial amounts of evidence and unnecessary material and failed to concisely plead material facts and the specific elements required to meet statutory immunities and vicarious liability issues; summary judgment was denied because affidavit evidence was inadequate, hearsay concerns and disputed records created genuine issues for trial; security for costs was denied because plaintiff's impecuniosity and steps taken to address finances made an order disproportionate…
Source excerpt
Ontario Court of Appeal allowed a libel appeal in part, upholding liability and damages but setting aside an overbroad permanent injunction for redrafting.
Ontario Court of Appeal allowed the appeal in part, set aside judgment against the corporate appellants and remitted that issue, while otherwise upholding summary judgment and dismissing the counterclaim.
The pleaded facts made it plain and obvious that the dispute arose from the appellant’s employment and fell within the exclusive jurisdiction of the collective agreement; accordingly the civil claim disclosed no reasonable cause of action and, as an abuse of process, could be struck without leave to amend; denial of leave to amend was a proper exercise of judicial discretion because there was no prospect of reframing a claim outside the collective agreement’s scope.
Source excerpt
The Amended Statement of Claim is plain and obviously unsustainable: named committees are not legal entities; section 100 of the Paramedics Act grants statutory immunity that, on the pleaded facts, bars claims against the College Defendants; the Lawyer Defendants owed duties to their client and the ASOC fails to plead material facts necessary to sustain the alleged torts against them; summary judgment is warranted unless plaintiff is permitted to amend and does so by the court deadline.
Source excerpt
The Ontario Court of Appeal allowed an anti-SLAPP appeal, dismissed a $2.5 million defamation counterclaim, and awarded damages and costs to the appellant.
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