J. Paul Fletcher

The appellant appealed a summary judgment dismissing his action against Mercedes-Benz Credit of Canada.

The appellant alleged that Mercedes improperly interfered with his negotiations with his insurer regarding a truck damaged by fire, causing a decrease in the truck's value.

The Court of Appeal dismissed the appeal, finding no evidence to support the appellant's claim that Mercedes improperly interfered, as Mercedes had a legitimate interest in the vehicle and the insurance proceeds.

The appellants appealed an order striking their counterclaim, which sought punitive damages based on an independent actionable wrong akin to defamation arising from allegations in the respondent's statement of claim.

The Court of Appeal dismissed the appeal, affirming that allegations in a statement of claim are absolutely privileged and cannot form the basis of such a counterclaim.

The appeal was dismissed with costs fixed at $5,000.

The appellant appealed his conviction and sentence of four months' imprisonment.

He argued the verdict was unreasonable, sought to introduce fresh evidence, and contended the trial judge erred by not imposing a conditional sentence.

The Court of Appeal dismissed the motion to introduce fresh evidence, finding it did not meet the Palmer test.

The conviction appeal was dismissed as the verdict was reasonable.

The sentence appeal was also dismissed, with the court finding no error in principle given the appellant's history of abuse and previous conviction for the same offence.

The defendants appealed a trial judgment finding them liable for negligence and occupiers' liability.

The Court of Appeal dismissed the appeal, holding that although the trial judge misstated some evidence, the findings on negligence, contributory negligence, and the status of the individual defendants as occupiers under the Occupiers' Liability Act were reasonable and supported by the evidence.

The damages award was also upheld.