2012 November 29

Phillips v. Ontario Racquet Club, 2012 ONSC 6679

The Ontario Superior Court of Justice (Master), hearing a pre-trial application made by the defendant, refused to strike out allegations in the statement of claim concerning an “anonymous” email sent to Canadian tennis associations and to several people at the British Lawn Tennis Association. The Court held that because the plaintiff was uncertain which of the defendants were responsible for republishing those emails to the original and secondary recipients, he was permitted by the Ontario Rules of Court to allege, in the alternative, that the defendant J, or alternatively the defendant C, published the original email; and that the defendant M, or alternatively the defendant J was responsible for its republication to other recipients.