Steiner v. Canada
T-1990-96
Hargrave P.
21/10/96
7 pp.
Statement of claim-Motion in earlier action summarily dismissed, after plaintiff making uncalled for, dangerous, out-oforder remark-Subsequently Crown counsel receiving threatening facsimile-Police questioning plaintiff, wife-Statement of claim seeking $500,000 damages for mental anguish, fear of harm from Crown attorney's actions-Alleging Crown counsel can cause criminals with whom in constant contact to act on her behalf-Motion allowed-Statement of claim not setting out cause of action within framework of emotional distress-Cause of action arising from acts, statements giving rise to emotional distress only where such acts calculated, intended to cause harm, or result of reckless conduct-Plaintiff not pleading these elements-Liability recognized only where defendant's conduct exceeds bounds usually tolerated by society or calculated to cause or causing serious damage-Mere anguish or fright not qualifying plaintiff for damages for emotional distress-Cause of action not within ambit of malicious prosecution-Statement of claim not alleging threat to use unlawful force or Crown intentionally created apprehension of eminent harmful or offensive contact, element required for tort of assault-Statement of claim scandalous, frivolous and vexatious-Scandalous pleading improperly casting derogatory light on someone with respect to moral character-Frivolous where of little weight or importance or for which no rational argument based upon evidence or law in support of claim-Vexatious proceeding one that is begun maliciously or without probable cause, or one not leading to any practical result-Statement of claim scandalous as, without any ground, impugns moral character of Crown counsel; frivolous as not presenting rational argument; vexatious as, without cause of action, will not lead to practical result.