Kristin M. Bailey

Alexander Davidoff brought claims of malicious prosecution and intimidation against Paderewski Society Home (Niagara), Rachel Goerz, and Niagara Regional Housing (NRH), arising from a prior defamation action.

The defendants moved to strike these claims under Rule 21.01(1)(b) for disclosing no reasonable cause of action.

The court granted the motion, holding that the tort of malicious prosecution does not apply to civil proceedings, that absolute privilege bars tort claims based on communications in court proceedings, and that a lawyer owes no duty to an opposing party in litigation.

The claims were struck without leave to amend, and costs were awarded to the defendants.

The plaintiff, Alexandra Davidoff, brought claims against Paderewski Society Home (Niagara) and Rachel Goerz for malicious prosecution and intimidation, stemming from a prior defamation action.

The defendants moved under Rule 21.01(1)(b) to strike the claims for disclosing no reasonable cause of action.

The court determined that the tort of malicious prosecution does not apply to civil proceedings, that absolute privilege bars tort claims based on communications in court proceedings, and that a lawyer owes no duty to an opposing party.

Consequently, the plaintiff's claims were struck out without leave to amend, and costs were awarded to the defendants.