John C. Walker

The appellant appealed the dismissal of his defamation claim following a jury trial.

He argued that the jury's verdict was perverse, that the trial judge erred in law regarding the defences of qualified privilege, responsible communication, and fair comment, and that the jury charge was unbalanced.

The Court of Appeal dismissed the appeal, finding ample evidence to support the jury's verdict, a sound basis in law for the defences left to the jury, and no unfairness in the jury charge.

Costs of $10,000 were awarded to each set of respondents.

The appellant municipality appealed a trial judgment finding it grossly negligent for failing to maintain its sidewalks, which resulted in the respondent slipping, falling, and suffering injuries.

The trial judge based this finding on the municipality's failure to consider weather conditions, lack of guidance in its sidewalk maintenance policy, inefficient route configuration, and the operator's failure to adapt to weather conditions or differentiate between priority sidewalks.

The Court of Appeal found no palpable and overriding error in the trial judge's application of the legal test and dismissed the appeal.