2015 October 22

Northwest Organics Limited Partnership v. Maguire, 2015 BCSC 1918

The British Columbia Supreme Court dismissed an application by the defendant for an Order striking out certain defamation claims, including claims which referred to publications found on the website of the Botanie Valley Advisory Committee. The notice of civil claim stated that “[p]articulars of the defamatory words are lengthy and will be delivered in a separate statement of particulars.” However, the plaintiffs did not deliver such a separate statement of particulars. The plaintiffs, resisting the defence application to strike, argued that there are materials relating to the internet publications that are properly the subject of particularization or amendment, and suggested the court should consider whether the pleadings could be preserved by amendment. The Court held that striking pleadings is a draconian remedy, only to be granted in the most egregious cases. The Court further held, that assuming the pleadings to be true (which is the test on a strike application), that the notice of civil claim disclosed a reasonable claim and therefore should not be struck out.