Court of Appeal for Ontario
Laskin, Goudge and Feldman JJ.A.
BETWEEN
Rashid A. Balogun
Appellant (Plaintiff)
and
Deloitte & Touche, LLP
Respondent (Defendant)
Counsel:
Rashid A. Balogun, in person
Carlos Martins, for the respondent
Heard: September 17, 2013
On appeal from the judgment of Justice Edward M. Morgan of the Superior Court of Justice, dated February 28, 2013.
APPEAL BOOK ENDORSEMENT
1We agree with the motion judge that the statement the appellant quit is res judicata. To the extent the words could be seen to go beyond a mere statement the appellant quit, these words are protected by qualified privilege.
2We intervene on the costs award for two reasons: first, we are not satisfied that Mr. Balogun had a fair opportunity to make submissions on costs to the motion judge; and second, the motion judge’s costs award included costs of the action, yet the respondent did not provide information about those costs. In these circumstances, we think that a fair disposition is to award the respondent $15,000 for the costs of the summary judgment motion (all in). To the extent the respondent seeks further costs for the balance of the action, those costs should be assessed.
3In the light of the divided success, there shall be no costs of the appeal.