The appellant appealed a Master's order transferring the defamation action and place of trial from Toronto to Hamilton.
The defamation claim arose from media reports following the withdrawal of murder charges against the appellant in Hamilton.
The appellant argued he could not get a fair jury trial in Hamilton due to extensive prejudicial publicity.
The Superior Court of Justice allowed the appeal, finding the Master erred in law by failing to properly address whether the appellant had a reasonable apprehension of bias in Hamilton.
The court also found the Master's inclusion of irrelevant personal views regarding the murdered parents of the responding party amounted to an effective denial of a fair hearing.
