David Migicovsky

The Canadian Union of Postal Workers (CUPW) sued Quebecor Media Inc., Sun Media Corporation, TVA Group Inc., Jerry Agar, and Avi Benlolo for defamation.

The claim arose from statements published in print and broadcast media in 2014, alleging that CUPW and its members were terrorist sympathizers and supported Hamas, following a demonstration where CUPW flags were seen near a Hamas flag.

The court addressed CUPW's standing as an unincorporated association to sue for defamation, finding it had standing.

The court then examined the defamatory meaning of the impugned statements and the defendants' defences of truth, fair comment, responsible communication, and statutory privilege.

The court found that the defendants successfully established the defence of fair comment, as their opinions were honestly held and based on a sufficient factual substratum, and also discharged their duty of responsible communication and statutory privilege.

The action was dismissed with costs.

The defendant brought a motion for summary judgment to dismiss the defamation action against him.

The plaintiff opposed the motion, arguing that partial summary judgment was inappropriate because the issues were intertwined with claims against other defendants and a trial was already scheduled.

The court dismissed the motion, finding that partial summary judgment could lead to inconsistent findings and would not achieve a proportionate, cost-effective, and timely dispute resolution given the upcoming trial.

This is an appeal from orders concerning the equalization of net family property and costs in a divorce proceeding.

The appellant husband challenged the trial judge's recalculation of the respondent wife's pension value, the payment order, and the costs award.

The Court of Appeal dismissed the husband's appeal, finding no error in the pension valuation or the enforcement order, and refused leave to appeal the costs.

The court also granted the wife's request to amend the enforcement deadline to allow for a period to pursue cash payment before pension rollover.

This is an appeal from a motion judge's decision dismissing an anti-SLAPP motion.

The appellants (B'nai Brith Canada et al.) sought to dismiss a defamation action brought by the respondent (Canadian Union of Postal Workers - CUPW) under s. 137.1 of the Courts of Justice Act.

The defamation action arose from press releases published by B'nai Brith alleging CUPW supported terrorism and was anti-Semitic due to its association with a Palestinian union.

The motion judge found CUPW had a substantial case for defamation and that the appellants' defences (justification, fair comment, responsible communication) had serious flaws, and that the public interest favoured allowing the action to proceed.

The Court of Appeal upheld the motion judge's decision, finding no reviewable error in the application of the anti-SLAPP test, including the assessment of the appellants' defences and the public interest balancing.

The appeal was dismissed.

This appeal concerned the valuation of federally regulated pensions for equalization purposes in family law, specifically addressing the determination of the "normal retirement date." The Court of Appeal held that the trial judge erred by using case-specific intentions for retirement dates instead of applying the functional meaning of "normal retirement date" as defined under the provincial Pension Benefits Act (PBA) scheme, which represents the age at which any member is entitled to unreduced pension benefits (age 60 for these parties under the Public Service Superannuation Act).

The court emphasized that the provincial valuation methodology should be applied to federal pensions with only "necessary modifications." The appeal was allowed in part, remitting the matter for recalculation of the equalization payment based on the corrected normal retirement date.

Other grounds of appeal regarding survivor benefits, contingent survivor benefits, date of marriage deductions, notional disposition costs, and the method of equalization payment were dismissed.

The defendants brought an anti-SLAPP motion under s. 137.1 of the Courts of Justice Act to dismiss a defamation action initiated by the plaintiff union.

The defendants contended the action was an illegitimate attempt to suppress freedom of expression on a matter of public interest.

The court found that while the litigation had some elements of SLAPP, it was not the type of action the legislature intended to stop at a preliminary stage.

The defamation action appeared to have substantial merit, and the defendants' pleaded defences were not certain to succeed.

The court was not persuaded that the plaintiff's principal objective was to stifle criticism.

Consequently, the motion to dismiss was denied.

The appeal concerns the openness of a police services board hearing regarding an extension of time for service of a disciplinary notice.

Following an investigation by the Ontario Independent Police Review Director into allegations of police misconduct in the investigation of the death of an Indigenous man, a retired judge appointed as a substitute decision-maker ordered that the extension hearing be held in camera.

The Canadian Broadcasting Corporation and First Nation complainants sought judicial review, arguing that the hearing should be open pursuant to section 2(b) of the Canadian Charter of Rights and Freedoms.

The Divisional Court upheld the in camera order, finding that the Dagenais/Mentuck test did not apply to administrative proceedings and that the statutory test under the Police Services Act was sufficient.

The Court of Appeal allowed the appeal, finding that while the Dagenais/Mentuck test does not apply to administrative proceedings, the Charter right to freedom of expression and freedom of the press recognized in Langenfeld applies to police services board meetings, and the presumption of openness under the Police Services Act must be considered in light of this Charter protection.

Canada Post Corporation brought an urgent motion seeking an injunction against protestors blockading its mail processing plants.

After the injunction was granted, protestors continued their actions, leading Canada Post to bring a further urgent motion for directions and amendments to the order regarding police assistance in enforcement, specifically concerning the Peel Regional Police's actions.

The court dismissed Canada Post's motion, reaffirming that courts cannot direct police on how to carry out their operational discretion in enforcing civil orders, and that contempt proceedings are the only available remedy for non-compliance.

The court determined the appropriate scale and quantum of costs following an earlier order that the defendants pay the plaintiffs’ “costs thrown away” after a trial adjournment.

The plaintiffs sought substantial indemnity costs and claimed over $79,000 in counsel time plus law clerk fees, reduced by 30 percent for reusable trial preparation work.

The court held that substantial indemnity costs were not justified because neither a Rule 49 offer to settle nor sanctionable conduct was present.

Applying s.131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, the court emphasized proportionality, fairness, and reasonableness.

The court fixed partial indemnity costs for counsel at $50,000 plus HST and allowed only disbursements that would need to be incurred again, declining to award law clerk costs at this stage.