2006 July 21

Crozier v. Cherniak, [2006] O.J. No. 2990

The Ontario Superior Court of Justice struck out all aspects of claims by the plaintiff for libel and damage to reputation for publishing allegedly untrue statements on a website and in other publications. The bulk of the defamation claim had already been raised in two previous civil actions, both of which were dismissed. The Court therefore ruled that it an abuse of process to raise the same points again in this action. The only part of the claim not previously dismissed “failed to set out a coherent cause of action” and was therefore struck out with leave to make one application to amend the statement of claim to express the plaintiff’s claim in a comprehensible fashion.