2006 November 1

Sansone v. D’Addario, [2006] O.J. No. 4365

The Ontario Superior Court of Justice refused to allow the plaintiff to amend his statement of claim to claim damages arising from allegedly defamatory comments about the plaintiff on the internet and elsewhere, reasoning that although the evidence relating to the alleged defamation would have some peripheral relevance to the main action for alleged breach of contract, the defamation claim would add undue complexity, possible confusion and probable delay. The Court noted that the plaintiff had the right to commence a separate action concerning the alleged defamation and left open the possibility that the plaintiff could apply for an order consolidating the two lawsuits after the completion of discoveries.