Porter v. Robinson Sheppard Shapiro

[Indexed as: Porter v. Robinson Sheppard Shapiro]

73 O.R. (3d) 560

[2005] O.J. No. 40

Docket: C42157

Court of Appeal for Ontario,

McMurtry, C.J.O., Catzman and Lang JJ.A

January 11, 2005

Catchlines

Defamation -- Defences -- Words not capable of bearing alleged defamatory meaning -- Qualified privilege -- Defendant law firm posting communiqué on its website -- Communiqué summarizing Supreme Court of Canada judgment about liability of insurance company for bad faith in settling insurance claim -- Plaintiff referred to in communiqué -- Plaintiff alleging that communiqué defamatory -- Defendants moving for summary judgment dismissing defamation action -- Words not capable of bearing defamatory meanings alleged by plaintiff -- Words published on occasion of qualified privilege -- No basis for allegation of malice -- Motion for summary judgment granted.

NOTE: The catchlines above relate to a decision of the Superior Court of Justice dated June 29, 2004 887 (ON SC), 2004, 71 O.R. (3d) 547. An appeal of this judgment to the Court of Appeal for Ontario (McMurtry, C.J.O., Catzman and Lang JJ.A.) was allowed on January 11, 2005. The endorsement of the court was as follows:

Counsel

Christopher Ashby, for appellant.

D. Bruce MacDougall, for respondents.

Endorsement

[1] BY THE COURT: -- We are of the view that the words complained of by the appellant in both statements of claim are capable of a defamatory meaning and therefore the appellant is entitled to have a trial of that issue.

[2] With respect to the defence of qualified privilege, we are of the opinion that the evidentiary basis before the motions judge was not sufficient to resolve that question at this early stage of the litigation.

[3] The appeal is therefore allowed and the decision of the motions judge is set aside. The appellant is entitled to his costs before the motions judge fixed in the amount of $6,792.97 and of the appeal in the amount of $4,727.06.