Problem:
The Small-claims Court found that Mr. Roskham defamed Mr. Jakoby-Hawkins by referring to Mr. Jacoby-Hawkins as a liar, amongst other things. Roskham was oredered to pay damages of $10,000.00 to Mr. Jacoby-Hawkins. Mr. Roskham Appealed the decision. Mr. Jakoby-Hawkins brought a motion to strike Roskham's Appeal and then declare him a vexations litigant.
In Halton Mills (Town) v. Kerouac a local internet-based news purveyor is sued by the Town of Halton Hills in defamation. It is also sued by the Town's Director of Parks and Recreation. The Defendant brought a motion to Dismiss the claim by Halton Hills.
The decisions of the Court is set out at:
https://canlii.ca/t/2cqf8
Roskham vs Jacoby-Hawkins, 2010, ONSC 4439 (CanLII)
https://canlii.ca/t/1n3b8
Halton Hills (Town) vs Kerouac, 2006 CanLII 12970 (ON SC)
The given questions require answering:
Problem 1. What are the material facts of each case
Problem 2. What reasons did Boswell J. give for declaring Roskham a vexations litigant?
Problem 3. What reasons did Corbett J., give for finding that Halto did not have a right to sue for defamation?
Problem 4. What is necessary for the Court to control the use of its process? What examples did Boswell J. list?
Problem 5. Why are governments and not corporations. precluded from bringing defamation suits?
Problem 6. Analyze the decisions of Mr. Justice Boswell and Corbett J. Do you agree with their decision and reasoning? Explain.
Problem 7. Discuss the precedent value of both decisions (What do you believe the decision stands for?).
Problem 8. After reading the decision of Corbett J., could you be sued for defamation for making the following statement: "The Conservative Government of Canada Policies amounts to social terrorism" Mr. Harper is the biggest social policy terrorist of them all." Explain your answer.