Joanna Cox

The plaintiff appealed a Master's order transferring the defamation action from Toronto to Hamilton.

The plaintiff argued that extensive media coverage in Hamilton regarding his previous murder charge and its withdrawal created a reasonable apprehension of bias, preventing a fair jury trial.

The Superior Court of Justice allowed the appeal, finding the Master erred in law by failing to properly address the reasonable apprehension of bias and by expressing inappropriate personal views regarding a perceived duty to the child of a murdered barrister, which amounted to a denial of a fair hearing.

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.