COURT OF APPEAL FOR ONTARIO
RE:
PETAR TUCAKOV (Appellant/Plaintiff) –and- ELEANOR ENGELBERT (Respondent/Defendant)
BEFORE:
LABROSSE, MOLDAVER AND LAFORME JJ.A.
COUNSEL:
Milan Tomasevic
for the appellant
Paul D. Koven
for the respondent
HEARD & ENDORSED:
May 19, 2006
On appeal from the order of Justice Michael R. Dambrot of the Superior Court of Justice, dated November 8, 2005 made at Toronto, Ontario.
A P P E A L B O O K E N D O R S E M E N T
1The letter was sent to the appellant and copied to the Royal College, after the initial complaint and after the appellant was likely told by the College not to contact her.
2The conclusion of the motions judge that the correspondence was incidental or “inextricably connected” to the initial complaint to the Royal College is amply supported by the evidence. Privilege applied.
3The further conclusion that the action was nothing more than an attempt to seek reprisal against the respondent for filing the complaint was available to the motions judge on the evidence and justifies the costs award.
4We see no basis to interfere. The appeal is dismissed with costs fixed at $10,000 all inclusive.