Court File and Parties

CITATION: Evangelisti v. Canadian Broadcasting Corporation, 2024 ONSC 2327

DIVISIONAL COURT FILE NO.: 226/24 226/24

DATE: 20240419

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE:

Gianni Evangelisti and Freedom Pools Inc, Applicants

-and-

Canadian Broadcasting Corporation (CBC), Viktorija Jocebicia, Rimas Jocebicia, Ayelet Kushnirsky, Michael Kurshnirsky, John Carusone, Paul Polyviout, Teresa Polyviout, Gary Jones and Brian Jewell, Respondents

BEFORE: FL Myers J

COUNSEL: Gianni Evangelisti, representing himself

Ryder Gilliland and Michael Robson, for the Respondents

HEARD: April 19, 2024

Endorsement

[1] This urgent case conference was held to schedule the applicants’ motion for leave to appeal from the decision of Centa J. dated April 8, 2024, reported at 2024 ONSC 2048.

[2] In his decision, Centa J. refused to enjoin CBC from broadcasting a report concerning the applicants’ business.

[3] CBC has now broadcast its report. It remains available on the internet and social media.

[4] The applicants seek to appeal Justice Centa’s decision. They also seek an order requiring CBC to take down its report and prohibiting it from repeating its broadcast pending the outcome of the appeal.

[5] The purpose of the case conference was to schedule the motion for leave to appeal and either: (a) to decide the request for an interim injunction pending the leave to appeal decision; or (b) to schedule a motion for an interim injunction on such interim terms as may have been appropriate (if any).

[6] During the case conference, Mr. Gilliland pointed out that in paragraph 4 of his decision, Centa J. did not just refuse to grant an interlocutory (i.e. temporary) injunction. Rather, he dismissed the applicant’s entire application.

[7] Because the order under appeal ended Mr. Evangelisti’s whole lawsuit, it is a “final order of a judge of the Superior Court of Justice”. Under s. 6 (1)(b) of the Courts of Justice Act, RSO 1990, c C.43, an appeal from a final order lies to the Court of Appeal for Ontario. The Divisional Court has no jurisdiction to hear this proposed appeal or any motion for relief pending an appeal.

[8] Accordingly, the motion for leave to appeal is dismissed without costs. The applicants may proceed in the Court of Appeal if so advised.

FL Myers J

Date: April 19, 2024