DATE: 20040909

DOCKET: C40323

COURT OF APPEAL FOR ONTARIO

RE:

GARRY T. MOON (Plaintiff/Appellant) – and – JONATHAN SHER, THE LONDON FREE PRESS, THOMAS LAWSON, ESTATE OF GUY LOMBARDO, THE GUY LOMBARDO ORCHESTRA, INC., represented by GINA LOMBARDO CUDAHY, AL PIERSON, NANCY PIERSON, ANNE MARIE DeCICCO and THE CORPORATION OF THE CITY OF LONDON, PETERS MANSBRIDGE, KAREN HASLAM, DOUGLAS FLOOD, NICK PANASEIKO, TYRONE TRAHER, THE CORPORATION OF THE CITY OF STRATFORD, and DAVE ROCK, BRUCE MUNGAR and THE CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN (Defendants/Respondent)

BEFORE:

BORINS, LANG and JURIANSZ JJ.A.

COUNSEL:

Charles M. Campbell

for the appellant

Lara S. Teoli

for the respondent, Peter Mansbridge

HEARD & ENDORSED:

September 8, 2004

On appeal from the order of Justice Keith A. Hoilett of the Superior Court of Justice dated June 16, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] The motion judge correctly cited and applied the test approved by this court in Mantini in determining whether the words complained of are capable of bearing a defamatory meaning. He analyzed the words and concluded that they were not capable of bearing the defamatory meaning attributed to them by the appellant.

[2] We are not persuaded that the motion judge reached an incorrect result. The appeal is therefore dismissed with costs on a partial indemnity basis fixed at $6,500, inclusive of disbursements plus GST.