Court of Appeal for Ontario
Date: 2024-12-12 Docket: COA-24-CV-0472
Before: Fairburn A.C.J.O., Trotter and Zarnett JJ.A.
Between:
Gianni Evangelisti and Freedom Pools Inc. Applicants (Appellants)
and
Canadian Broadcasting Corporation (CBC), Viktorija Jocebicia, Rimas Jocebicia, Ayelet Kushnirsky, Michael Kushnirsky, John Carusone, Paul Polyviout, Teresa Polyviout, Gary Jones and Brian Jewell Respondents (Respondent)
Counsel: Gianni Evangelisti, acting in person Ryder Gilliland and Michael Robson, for the respondent
Heard and released orally: December 9, 2024
On appeal from the order of Justice Robert Centa of the Superior Court of Justice dated April 8, 2024, with reasons reported at 2024 ONSC 2048.
Reasons for Decision
[1] The appellants are being sued by numerous customers. The CBC decided to publish a story about these disputes. The CBC asked the appellant, Mr. Evangelisti, for a response. Instead of responding, he applied for an injunction to prevent the CBC from publishing anything in relation to this matter. The application was dismissed.
[2] The appellants raise three grounds of appeal in their written submissions:
- Did the application judge err in refusing cross-examination before the hearing of the application?
- Was there a reasonable apprehension of bias on the part of the application judge?
- Did the application judge err in dismissing the appellant’s Charter claims?
[3] The appellants focused their oral submissions on allegations of procedural unfairness. We see no error.
[4] In the exercise of his case management powers, considered against the backdrop of what was said to be an urgent application, the application judge’s refusal of cross-examination and the way he conducted the hearing does not reflect bias.
[5] We also see no error in the reasons for dismissing the application on its merits.
[6] The appeal is dismissed.
[7] Costs are ordered in the amount of $6,000, payable to the respondent, all-inclusive.
“Fairburn A.C.J.O.”
“G.T. Trotter J.A.”
“B. Zarnett J.A.”