2010 March 2

Warman v. Wilkins-Fournier, 2010 ONSC 2826

The Ontario Superior Court of Justice, on application by the plaintiff, struck out a counterclaim for abuse of process which had been filed by the defendant Bertucci to the plaintiff’s defamation action over comments published on the defendant’s internet website. The Court stated: “A libel notice or a defamation action may often cause the defendant to temper or avoid future critical comment of the plaintiff. It is not improper nor does a tort occur if a plaintiff commences a law suit to redress defamation and make the defendant aware that future defamatory comment will be responded to. The intent to silence through a defamation action is not a collateral or improper purpose [a required element of an abuse of process]”. “If [the plaintiff] Mr. Warman expresses controversial public opinions on matters of public interest and pursue litigation against those who defame him in their expressing disagreement with his opinions, neither his past controversial statements nor his law suits against others constitute a “collateral and improper purpose” to this defamation action against [the defendant] Mr. Bertucci.”