The trial was due to take place today (4 September 2015) in the Small Claims Court in Newmarket but was abruptly rescheduled by the trial judge to 15 October. His reasons were not given in open court. But he was ill mannered, impatient and rude. Unfortunately, I didn't get his name. He brusquely ordered the public to leave whilst asking Di Muccio and Taylor to stay behind.
Section 6 of the Libel and Slander Act stipulates that an action for defamation must be started within three months after the libel has come to the knowledge of the person defamed.
The article containing the alleged libel was published by the Era newspaper on 5 March 2015. Di Muccio's claim was lodged with the Court on 15 June 2015.
Section 5(1) of the Libel and Slander Act makes it clear that the plaintiff (Di Muccio in this case) must give the defendant (Taylor) notice in writing of the matter complained of, within six weeks after the alleged libel had come to the plaintiff's notice.
It is not clear to me if Di Muccio satisfied these basic requirements.
Probably not.
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Update on 11 September 2015. My spies tell me that the intemperate Deputy Judge was a certain Vincent Stabile. I could be wrong about this - in which case I am monumentally sorry. If it is Deputy Judge Stabile I would refer him to page 33 of the Canadian Judicial Council's "Ethical Principles for Judges". It reads:
While acting decisively, maintaining firm control of the process and ensuring expedition, judges should treat everyone before the Court with appropriate courtesy.
Quite so.
