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.
