DATE: 20050118

DOCKET: C41582

COURT OF APPEAL FOR ONTARIO

RE:

MIGUNA MIGUNA (Plaintiff/Appellant) v. TORONTO POLICE SERVICES BOARD, SERGENT L. MURAROTTO, DETECTIVE CONSTABLE ALESSANDRO “ALEX” PANDOLFI BADGE NUMBER 7501, DETECTIVE AUDREY CHEN BADGE NUMBER 5627, TORONTO METRO and INSIDE TORONTO or NORTH YORK MIRROR (Defendants/Respondents)

BEFORE:

DOHERTY, BORINS and SHARPE JJ.A.

COUNSEL:

Miguna Miguna

appearing in person

Michael C. Smith and Paulette Pommells

for the police respondents

Jennifer A. Guy

for Toronto Metro

Ryder Gilliland

for North York Mirror

HEARD & ENDORSED:

January 17, 2005

On appeal from the order of Justice M.A. Sanderson of the Superior Court of Justice dated March 1, 2004.

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

[1] We agree with the motion judge’s determination that the words could not be read as defamatory and that in any event they reported only facts that were true and were, therefore, not capable of being defamatory.

[2] The motion judge did not reach the privilege issue. Nor do we.

[3] The appeal is dismissed.

[4] The appellant challenges the cost order made below, but does not formally seek leave to appeal. There is no merit to his submissions concerning costs. Leave to appeal is refused.

[5] Costs of the appeal to the respondents Toronto Police Services fixed at $5,000.00, inclusive of disbursements and GST.

[6] Costs of the appeal to the respondent the North York Mirror in the amount of $5,000.00, inclusive of disbursements and GST.

[7] Costs of the appeal to the respondent Toronto Metro in the amount of $2,000.00, inclusive of disbursements and GST.