COURT OF APPEAL FOR ONTARIO
CITATION: St. Lewis v. Rancourt, 2013 ONCA 701
DATE: 20131115
DOCKET: C56905
Hoy A.C.J.O., Sharpe and Blair JJ.A.
BETWEEN
Joanne St. Lewis
Plaintiff (Respondent)
and
Denis Rancourt
Defendant (Appellant)
Denis Rancourt, appearing in person
Richard Dearden, for the plaintiff (respondent) Joanne St. Lewis
Peter Doody, for the University of Ottawa
Heard: November 8, 2013
On appeal from the order of Justice Robert J. Smith of the Superior Court of Justice, dated March 13, 2013.
APPEAL BOOK ENDORSEMENT
[1] The appellant appeals the March 13, 2013 order of Smith J., dismissing the appellant’s motion to stay or dismiss the respondent, Joanne St. Lewis’ defamation order against him on the basis that it was the product of maintenance and champerty. We are not persuaded that any of the several grounds he advances has merit. We see no error of law on the part of the motion judge in concluding on the ample evidence before him that the respondent’s employer’s decision to fund the litigation did not amount to maintenance or champerty. Nor did the respondent’s unilateral decision to donate a portion of any punitive damages she might receive to a scholarship at the employer university make out maintenance or champerty. Moreover, the underlying findings of fact made by the motion judge were reasonably supported by the record.
[2] As to the appellant’s bias or appearance of bias submission, it in our view has no merit. It was fully considered by Annis J. and rejected. We agree with that decision and, in any event, that decision is not open to challenge in this court.
[3] The appellant also argued in his factum that the motion judge had not given him adequate time to make his submissions. We reject this argument. The time allocated was clearly announced and reasonable.
[4] This appeal is accordingly dismissed. The appellant shall pay the respondent, Ms. St. Lewis, costs in the amount of $20,000, all inclusive, and pay the respondent university costs in the amount of $15,000, all inclusive.