Ernest J. Guiste

The appellant appealed a summary judgment dismissing his defamation claim against his former employer.

The claim was based on the employer submitting a statutory form to employment insurance authorities stating the appellant had been 'dismissed' and a follow-up statement that the dismissal was for breach of policy.

The Court of Appeal dismissed the appeal, finding no error by the motion judge.

The court held that the statements were protected by qualified privilege and there was no evidence of malice to overcome that privilege.

The appellant was unsuccessful at trial, where the trial judge made no order as to costs due to her impecuniosity.

The appellant subsequently pursued an appeal and was again entirely unsuccessful.

The Court of Appeal awarded costs to the respondents, holding that they should not be deprived of their costs a second time despite the appellant's financial circumstances.

The appellant, a former Tim Horton's employee, was acquitted of criminal theft charges and subsequently sued her employer and the arresting officer for malicious prosecution, wrongful dismissal, and other claims.

A jury dismissed all her claims.

On appeal, the appellant argued the trial judge misdirected the jury on the definition of theft and failed to properly outline her position.

The Court of Appeal dismissed the appeal, finding no substantial wrong or miscarriage of justice, as the jury was entitled to reach its factual conclusions based on the evidence.

The appellant, a former Tim Horton's employee, was charged with theft after management viewed a videotape and contacted police.

She was acquitted and subsequently sued the arresting officer and the restaurant owner for malicious prosecution, wrongful dismissal, intentional infliction of mental distress, and defamation.

A jury found against her on all issues.

On appeal, she argued the trial judge misdirected the jury on the definition of theft, failed to outline her position, and improperly allowed the defendants to expand the theft allegation.

The Court of Appeal dismissed the appeal, finding no basis to interfere with the jury's verdict and concluding the jury was properly instructed.

The appellants appealed an order granting summary judgment to the respondents.

The Court of Appeal dismissed the appeal, finding no error in the motion judge's conclusion that the respondents' blanket denials of wrongdoing satisfied the threshold for a Rule 20 motion, and that the appellants' materials failed to raise a genuine issue for trial.

Leave to appeal costs was denied, and costs of the appeal were awarded to the respondents.

The appellant appealed the dismissal of a claim for damages for alleged wrongful dismissal.

The Court of Appeal held the matter was fact driven and found no significant error in the trial judge's factual findings or application of law.

The appeal was dismissed with costs.