Kara E. Hamilton

The appellant appealed the dismissal of a recusal motion.

The appellant argued that the case management judge should have recused herself due to improper and inaccurate correspondence sent by the respondents' solicitor.

The Court of Appeal dismissed the appeal, finding that a reasonable, informed member of the public would not have concerns about the judge's impartiality based on the correspondence.

The appellant appealed a summary judgment dismissing his claim for intentional infliction of mental suffering against the defendants.

The motion judge found that the appellant failed to demonstrate a genuine triable issue regarding whether he suffered a 'visible illness' as a result of the defendants' conduct.

The Court of Appeal agreed, noting the lack of medical evidence, and dismissed the appeal, including the appeal of the costs order.

The appellant appealed the dismissal of his defamation claim against the County of Simcoe and its employee, as well as the substantial indemnity costs award.

The Court of Appeal upheld the motion judge's finding that there was no evidence of malice to defeat the respondents' qualified privilege in gathering information for an Ontario Works file.

The court also upheld the costs award, noting that the appellant's unproven allegations of fraud justified costs on a substantial indemnity basis.