Joinder
Author | Roger McConchie; David Potts |
Profession | Member of the Bars of British Columbia and Alberta/Member of the Bar of Ontario |
Pages | 221-225 |
C
H
A P T E R E L E V E
N
I
Joinder
A.
JOINDER
OF
CAUSES
OF
ACTION
There
is no
general rule that
a
defamation claim cannot
be
joined
to
anoth-
er
cause
of
action.
Coalfield
Creative
Arts
Ltd.
v.
Cats
Defence
Support Systems
Inc.
(1987),
A.R.
172
(Q.B.).
Parisien
v.
Saskatchewan Economic Development Corp.,
[1997]
S.J.
No. 561
(Q.B.).
Kenaidan Contracting
Ltd.
v.
Powell,
[2003]
O.J.
No.
5168,
per
Swinton
J. at
paras.
15-17
(S.C.J.).
Liao
v.
Griffioen,
[2003]
O.J.
No.
5321,
per
O'Neill
J. at
paras.
13-27
(S.C.J.).
The
modern trend
is to
encourage joinder
of
causes
of
action.
It is a
false
assumption that
the
jury must deal with
all
issues
in an
action just because
a
jury
was
mandatory
for the
trial
of the
issue
of
libel.
Someplace
Else
Restaurant
Ltd.
v.
Calendar Magazines
Ltd.,
(1979),
27
O.R.
(2d)
760,
107
D.L.R.
(3d)
636
(H.C.J.).
If
there
has
been defamation
by an
individual,
the
issue
of
whether
the
individual's employer
is
legally responsible
for the
defamation will more
conveniently
be
dealt with
in
defamation proceedings against both
the
employee
and the
employer
in one
proceeding.
Caulfield
Creative
Arts
Ltd.
v.
Cats
Defence
Support Systems
Inc.,
above.
Riddick
v.
Thames Board Mills
Ltd.,
[1977]
1
Q.B. 881,
3 All
E.R.
677
(C.A.).
221
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