Pam MacEachern

The appellant sought an adjournment of her appeal, claiming she was not served with the respondent's materials.

The respondent argued the appeal should be quashed because the underlying order was interlocutory, meaning jurisdiction rested with the Divisional Court.

The Court of Appeal agreed that the order did not finally dispose of the lis between the parties, quashed the appeal, and granted the appellant leave to seek leave to appeal from the Divisional Court.

The appellants appealed a trial judgment finding them liable for defamation.

The Court of Appeal upheld the trial judge's findings that the statements were defamatory and that the defence of fair comment failed because the statements could not be distinguished as opinion rather than fact, and because the trial judge's finding of malice was soundly based in the evidence.

The appeal was dismissed with costs.