The appellant appealed a summary judgment dismissing his counterclaim for defamation and his cross-motion to amend his statement of defence to include equitable set-off.
The Court of Appeal upheld the motion judge's finding that the appellant was required to provide notice under s. 5(1) of the Libel and Slander Act before delivering his counterclaim, as the damages claimed related to republication in newspapers.
The court also agreed that the proposed amendment for equitable set-off would have no practical consequence and the requirements for it were not met.
The appeal was dismissed with costs.
