Court of Appeal for Ontario

CITATION: Balogun v. Deloitte & Touche, LLP, 2013 ONCA 592

DATE: 20130926

DOCKET: C56744

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

[1] We 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.

[2] We 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.

[3] In the light of the divided success, there shall be no costs of the appeal.