Allan V. Mills

The defendant successfully sought a dismissal or stay of the main action on the basis that it was improperly constituted, as well as the payment out of court of $110,000.

The court found that the plaintiff was responsible for the wasted time and money subsequent to the setting aside of the default judgment.

Consequently, the court awarded the defendant her costs of the action on a substantial indemnity basis, fixed at $19,662 for fees and $3,757.25 for disbursements.

The appellant appealed a summary judgment decision of the Superior Court of Justice.

The Court of Appeal found that it was a proper case for summary judgment and agreed with the reasons of the motion judge.

The appeal was dismissed with costs awarded to the respondents.

The defendants brought a motion for summary judgment seeking dismissal of a defamation action arising from allegations that the plaintiff poisoned their mother.

The statement of claim alleged the defendants reported the allegation to police, but the evidence showed that one defendant communicated the allegation to the other, who contacted the coroner, and the coroner then contacted police.

The court held the pleadings failed to allege the actual publication or any republication chain reflected in the evidence.

The court also found that contacting the coroner about a potential criminal act was subject to qualified privilege.

As the plaintiff could not prove the case as pleaded and amendment would not render the claim viable, summary judgment was granted dismissing the action.