CIVIL PROCEDURE - Striking out pleadings or allegations - False, frivolous, vexatious or abuse of process

Law360 Canada (February 15, 2023, 6:18 AM EST) -- Applications by the defendants to strike the action. Dale Kirby (Kirby) served as a member of the House of Assembly of Newfoundland and Labrador from 2011 to 2019. For a portion of that time, he held a Cabinet position until he claims he was asked to resign in April 2018 because of allegations of harassment made against him by other members of the House of Assembly, the defendants Colin Holloway (Halloway) and Pam Parsons (Parsons). Chaulk, the Commissioner for Legislative Standards, conducted an inquiry into the Complaints and found no violation of the Code of Conduct. Thereafter, Kirby commenced this civil action seeking damages against the defendants. The primary basis for the applications by the defendants was that the Statement of Claim should be struck as disclosing no reasonable cause of action because the allegations in the pleading fell within the scope of the House of Assembly's parliamentary privilege to discipline its members and the parliamentary privilege of freedom of speech. After the filing of the applications to strike but prior to the hearing, Kirby discontinued the action against Chaulk and the Government. The only applications remaining before the Court were those of Holloway and Parsons....
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