Does a proposed defendant have to pay for damages in a case where no valid cause of action is made out as against him?

Ontario, Canada


The following excerpt is from Homelife Realty Services Inc. v. Homelife Performance Realty Inc., 2005 CanLII 34806 (ON SC):

I accept and agree with the indication in Masalas v. Coles, [1998] O.J. No. 025 that a proposed defendant should not be out of pocket in a case where no valid cause of action is made out as against him.

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