Gary J. Kuzyk

The appellant operated an adult entertainment parlour.

The City of Hamilton revoked the appellant's licence for failing to actively carry on business within a reasonable time.

The appellant sought judicial review, arguing a denial of procedural fairness because the City failed to provide proper disclosure of the grounds for revocation as required by its own by-law.

The Divisional Court dismissed the application.

On appeal, the Court of Appeal allowed the appeal, finding that the City's failure to provide proper notice and disclosure tainted the hearing from the outset and denied the appellant its right to a fair hearing.

The revocation was quashed and the licence reinstated.

The appellant appealed the judgment of the Superior Court of Justice.

The Court of Appeal found no legal error in the trial judge's reasons, evidentiary rulings, or costs orders, including the Sanderson order.

The appeal was dismissed with costs fixed at $25,000.

The appellant appealed an order striking portions of a defamation claim for failure to comply with the notice provisions of the Libel and Slander Act.

The court held that multiple newspaper articles cannot be treated as a single libel for notice purposes unless their defamatory meaning depends on other publications.

It further held that the candidate-for-public-office provision in s. 5(3) does not exempt a plaintiff from giving notice under s. 5(1), but only affects the retraction-related consequences in s. 5(2).

The appeal was dismissed and the motion judge’s order was upheld.