No one appearing for the Defendant

The plaintiff in a civil defamation action sought an order under Rule 30.10 for the production of the complete and unredacted Crown brief relating to his ongoing criminal prosecution for sexual assault.

The Attorney General opposed the motion, arguing that disclosure could compromise the integrity of the ongoing criminal proceedings and risk witness taint.

The court dismissed the motion, finding that the public interest in protecting the ongoing criminal prosecution outweighed the plaintiff's need for the documents at the early stage of the civil action.

The motion was adjourned sine die until the completion of the criminal proceedings.

The plaintiff bank moved for summary judgment following the defendant's default on a mortgage loan.

The defendant admitted liability in her statement of defence, attributing the default to a third-party lender's failure to provide financing, but did not respond to the motion.

The court found no genuine issue requiring a trial and granted summary judgment for possession of the property and repayment of the outstanding debt totaling over $2.8 million, plus interest and costs.

In an uncontested defamation trial arising from anonymous postings on an online investment bulletin board, the court found that statements accusing the chief executive officer of lying, defrauding shareholders, stealing ownership interests, and misusing corporate funds were defamatory of both the individual plaintiff and the corporate plaintiff.

The court held that publication and reference were established, but rejected the corporate plaintiff's claim for special damages based on alleged market capitalization loss because the expert evidence was unreliable and causation was not proven.

The individual plaintiff received $30,000 in general damages and $10,000 in aggravated damages.

The corporate plaintiff received $25,000 in general damages.

Punitive damages were refused.