In what circumstances will a court dismiss negligence or defamation claims?
Ontario, Canada
The following excerpt is from Nitsopoulos v. Wong, 2008 CanLII 45407 (ON SC):
In St. Elizabeth Home Society v. Hamilton (City) [2005] O.J. No. 5369 (S.C.J.), Crane J dismissed negligence claims after a very long trial on the basis that those claims “merged with the defamation claim” which was statute barred under the Libel and Slander Act. In doing so, the trial judge accepted the defendants’ argument that damages arising from loss of reputation are only recoverable in an action for defamation.
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