Byrne v TWADDLE

In Byrne v Twaddle, the plaintiff, Catherine Byrne, filed a defamation lawsuit against Brian Twaddle and Sandra Salter. The defendants moved to strike out several paragraphs of the plaintiff's statement of claim, arguing that they were unnecessary or insufficient. The court allowed the application in part, striking out certain paragraphs while allowing others to stand. The court found that the plaintiff's pleadings of her prior good reputation were immaterial and not necessary to state a cause of action for defamation. The court also found that some of the innuendoes pleaded by the plaintiff were unclear or redundant, and struck them out accordingly. However, the court declined to strike out other paragraphs that related to the defendants' vicarious liability or the plaintiff's claim for exemplary damages. The court held that the plaintiff's claim for exemplary damages could only be supported by allegations of malice or fraud on the part of the defendants, and that the particulars provided in the statement of claim were insufficient to meet this burden. The court ordered the plaintiff to replead her claim for exemplary damages, with separate particulars that did not incorporate other paragraphs by reference.