CIVIL PROCEDURE - Pleadings - Statement of claim - Leave to amend -Striking out pleadings or allegations

Law360 Canada ( April 4, 2025, 11:01 AM EDT) -- Appeal by Sawatzky from chambers judge’s decision to strike his republication claim and to strike his claim related to Timmerman's personal liability. Sawatzky brought an action against Prince Albert Golf and Curling Club Inc. (PAGCC) and its former board chair, Timmerman (collectively, respondents), alleging he was defamed by the respondents after having been terminated as the club's general manager. He claimed the respondents falsely portrayed him as a thief who stole from the club. The respondents applied pursuant to Rule 7-9(2)(a) of The King’s Bench Rules to strike parts of Sawatzky’s statement of claim as disclosing no reasonable cause of action. The chambers judge found Sawatzky’s statement of claim inadequate in both respects and struck six paragraphs from it, with the consequence of removing Timmerman from the claim entirely and reducing the ambit of the claim against PAGCC. In his appeal from that decision, Sawatzky argued the chambers judge erred by failing to apply the modern approach to pleadings in a defamation action and by operating from a misunderstanding of the law with respect to the personal liability of corporate officers for intentional torts committed while simultaneously acting in their capacity as a corporate officer....
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