Polish Alliance of Canada v. Lovett, Cunningham & Eagles, 2011 ONCA 462

CITATION: Polish Alliance of Canada v. Lovett, Cunningham & Eagles, 2011 ONCA 462

DATE: 20110617

DOCKET: C52727

COURT OF APPEAL FOR ONTARIO

Goudge, MacFarland and Watt JJ.A.

BETWEEN

The Polish Alliance of Canada

Plaintiff (Appellant)

and

Lovett, Cunningham & Eagles, Beata Burdinski, John C. Lovett, Evan Sweeny Bordin LLP, John F.Evans, Michael Bordin and Shane Van Engen

Defendants (Respondents)

Counsel:

Andrew Stein, for the appellant

Gavin J. Tighe and Robin Winterstein, for the respondents

Heard: June 16, 2011

On appeal from the judgment of Justice Andra Pollak of the Superior Court of Justice, dated September 2, 2010.

APPEAL BOOK ENDORSEMENT

[1] We see no error in the reasons of the motion judge. The pleading is beyond repair in failing to plead action by the respondents that constitutes joining with the original tortfeasor to continue the false publication.

[2] In addition, the essence of the appellant’s argument is that the respondents failed to stop the continuing of the falsehood. Given the acknowledgement that the respondents had nothing to do with, and never acted for the alleged original tortfeasor, we cannot see that any such failure would make them a joint tortfeasor with the original tortfeasor in continuing the publication of the false publication. They neither published it originally nor continued its publication.

[3] Costs to the respondents fixed at $10,000 all in.

“S.T. Goudge J.A.”