The International Forum for Responsible Media Blog

Tag: Abuse of Process

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

LegateOn 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. Continue reading

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.  Continue reading

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