COURT FILE NO.: 563/01
DATE: 20031110
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
mcrae, dunnet and jennings jj.
B E T W E E N:
JOE PACHECO o/a PACHECO CLEANERS
Plaintiff (Respondent)
- and -
ANGELO DERANGO
Defendant (Appellant)
James C. Morton, for the Plaintiff (Respondent)
Antonio Conte, for the Defendant (Appellant)
HEARD: November 10, 2003
MCRAE J.: (Orally)
[1] In this appeal the trial Judge found as a fact that the defamatory words were spoken by the respondent Pacheco and there was evidence to support that finding. The principle issue on the appeal is whether the defamatory words were spoken in a situation of qualified privilege.
[2] The trial Judge found:
“While Mr. DeRango’s communication of his suspicions to the police was privileged, the communication to Mr. Celli was not. This is not a situation where Mr. DeRango can claim the defence of qualified privilege in the communication to Mr. Celli. For qualified privilege to arise, there must be a reciprocal interest in the communication and receipt of the information – for example, when an employer passes information to an employee in order to protect a business interest (Pleau v. Simpsons-Sears Ltd. (1977), 15 O.R. (2d) 436 (C.A.)). Mr. Celli, whose job was lead hand/sheet metal mechanic, had no particular interest in having such information about Mr. Pacheco, the cleaner. Therefore, the defence of qualified privilege is not available here.”
[3] We are unable to find that her reasons were clearly wrong in this regard and for those reasons, the appeal is dismissed.
[4] The appeal book will read as follows: “The appeal is dismissed. Costs fixed at $2,000 to the respondent.”
MCRAE J.
DUNNET J.
JENNINGS J.
Date of Reasons for Judgment: November 10, 2003
Date Release: December 3, 2003
COURT FILE NO.: 563/01
DATE: 20031110
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
mcrae, dunnet and jennings jj.
B E T W E E N:
JOE PACHECO o/a PACHECO CLEANERS
Plaintiff (Respondent)
- and -
ANGELO DERANGO
Defendant (Appellant)
ORAL REASONS FOR JUDGMENT
MCRAE J.
Date of Reasons for Judgment: November 10, 2003
Date Release: December 3, 2003