Superior Court of Justice - Ontario

CITATION: Asghar v. Alon, 2015 ONSC 3835
COURT FILE NO.: CV-15-519907
DATE: 20150615

B E T W E E N:

SAJJAD ASGHAR

Plaintiff

-AND-

JOALLORE ALON

Defendant

BEFORE: F.L. Myers J.

READ: June 15, 2015

endorsement

[1] This motion was referred to me by the registrar’s office pursuant to rule 2.1.01(7) following receipt of a written request of counsel for the defendant under subrule 2.1.01(6).

[2] The plaintiff complains that he was defamed by the defendant on Twitter in January 2013. The statement of claim was drafted by the plaintiff and does not properly state the cause of action of libel. It also contains much surplus that makes it sound like a frivolous and vexatious complaint. If stripped to its core however, the plaintiff should be able to plead a straightforward case of libel based on his fundamental allegation.

[3] Pleading is a technical matter that takes knowledge and experience. It may be one of the most difficult aspects of the civil justice system for unrepresented parties. It is difficult precisely because pleadings are so important. The entire lawsuit is focused upon the causes of action pled. Defamation pleadings are among the most technical of all. There are many rules about how to plead a libel case that are set out in relevant case law and pleadings texts. The plaintiff should have an opportunity to obtain legal advice and to try to plead his case properly.

[4] Nothing in this decision suggests that the plaintiff will win his case or that the defendant may not have substantial defences to a claim brought now. All that is before me is whether to direct the registrar to send the plaintiff a Notice under Rule 2.1. In my view, this is not a case to do so yet. Neither, however, should the defendant have to plead to the statement of claim in its current form.

[5] Accordingly, under s.106 of the Courts of Justice Act, R.S.O. 1990 c.C.43 which I invoke at my own initiative as contemplated by that section, this action is stayed until such time as the plaintiff serves on counsel to the defendant and files with the court a fresh amended statement of claim. As pleadings are not closed, the plaintiff does not require leave to amend his claim.

[6] The new claim should be limited to a claim for damages (general, special and punitive) for libel. The plaintiff should obtain legal advice to help him draft his fresh statement of claim if he wishes to proceed with a lawsuit against the defendant. This paragraph is not ordered by the court. The court staff are not to assess the adequacy of the fresh amended statement of claim when delivered by the plaintiff apart from the normal processes applicable when a party files an amended pleading.

[7] In the event that the plaintiff does not file a fresh amended statement of claim by August 31, 2015, the defendant may move to dismiss the action on notice to the plaintiff.

[8] Costs reserved to the judge hearing the motion to dismiss the action or to strike the fresh amended statement of claim once delivered.

F.L. Myers J.

Date: June 15, 2015