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