The libel action brought by former Newmarket councillor Maddie Di Muccio against Regional Councillor John Taylor will be heard next Friday, 4 September 2015, at 10am in the Small Claims Court at the Courthouse at Eagle Street West, Newmarket.
The notoriously litigious Maddie Di Muccio is claiming $5,000 in damages against Taylor for an alleged libel which, she says, made her a target of ridicule, hatred and contempt of others.
For his part, Taylor says Di Muccio’s libel suit is “frivolous and vexatious”.
You can read the Court papers filed by Di Muccio and Taylor’s defence by opening “documents” in the panel top left and navigating to “Correspondence”.
As I am in the Superior Court of Justice I decide to check out the Small Claims Court room 2002 where the drama will play out. I discover a delicious taster for the main course next Friday.
I chance upon the case of the Canadian Imperial Bank of Commerce v Elio Dalle Rive who, I learn, has previous form.
The presiding Judge is in his work wear. Black robe with red sash and the judicial collar. He is affable and accommodating even when Dalle Rive asks him to spell out his name, letter by letter. On the table between the plaintiff and defendant are boxes of tissues in case they are needed. A thoughtful touch.
The Bank says Dalle Rive refuses to pay an outstanding Mastercard debt of $13,558.59 and claims he is involved in a “sham debt elimination scheme”.
Long-time Aurora resident, Mr Dalle Rive, responds with a counterclaim against the Bank for $21,487.02. When asked to tell the Court why he thinks he is owed that money by the Bank he refuses to answer. He wants to know first if the CIBC suffered a financial loss as a result of his actions.
Now the judge is getting a tad exasperated but he is bending over backwards to be fair to the defendant. Now the lawyer for the Bank is wrapping things up, referring the Judge to a 2013 case from the Tax Court of Canada where inventive strategies for avoiding tax obligations were described as “vexatious litigation”.
Talking of which… next Friday will be a day of high drama. Taylor, or perhaps his lawyer, will have the opportunity to quiz his nemesis Maddie Di Muccio at length and in great detail. Woo Hoo!
Be there early to get a seat.
(The Judge reserved his decision in the CIBC v Elio Dalle Rive case but I have absolutely no doubt whatsoever that he will find in the Bank’s favour.)
update on 4 September. Trial now rescheduled for 15 October 2015.