Case Law: Canada, Frank v Legate, Libel claim struck out as statements not capable of being defamatory and action an abuse – David Potts

On 18 September 2015 in the case of  Frank v. Legate (2015 ONCA 631) the Ontario Court of Appeal dismissed an appeal from  the order of a motions court judge striking out the appellant’s  statement of claim on the ground that it did not disclose a reasonable cause of action. The Court also held that the claim was also an abuse of process and could also have been struck out on that basis.

Case Law: Joseph v Spiller, Are Nominal Damages Appropriate When the Court is Deceived? – Hugh Tomlinson QC

The libel case of Joseph v Spiller has been remarkable in a number of ways.  It arose out of a publication on the defendants’ website for 6 weeks in April and May 2007 and, again on a limited basis in 2008.  The claim was issued in May 2008 and, after a trip to the Supreme Court, was eventually tried by Mr Justice Tugendhat on 15 to 18 October 2012.