2010 March 29

Bie v. Canada (Attorney General), 2010 ONSC 1798

The Ontario Superior Court of Justice dismissed an application by the Attorney General of Canada and an individual defendant employed by Health Canada to strike out defamation claims against the individual defendant. The statement of claim alleged that the individual defendant was involved in posting to the Health Canada website a Health Canada press release that defamed the plaintiff and that the press release circulated globally via the regulator’s global advisory networks and press distribution system. The details pleaded by the plaintiff in its statement of claim contained the requisite elements of a defamation claim against the individual defendant including what, when, how and to whom and the damages that the plaintiff suffered. The Court rejected arguments that because the Crown is liable for damages in respect of a tort submitted by a servant of the Crown, it was not necessary to name the individual defendant personally. The Court held that if the plaintiff properly pleads a cause of action against an individual employee, the plaintiff is entitled to maintain that claim notwithstanding a concession of vicarious liability by the Crown. An admission of vicarious liability does not negate a cause of action against a Crown employee.