Supreme Court of Canada

Fruitman v. Scott, [1983] 1 S.C.R. 732

Date: 1983-06-15

Lou Fruitman (Plaintiff) Appellant;

and

Reid Scott (Defendant) Respondent.

File No.: 16618.

1983: June 14; 1983: June 15.

Present: Laskin C.J. and Ritchie, Dickson, Estey and Lamer JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.

Libel and slander—Defence of qualified privilege—Jury finding for respondent—Jury properly instructed—Judgment upheld on appeal—Court unprepared to interfere despite alleged perversity of jury’s verdict.

APPEAL from a judgment of the Ontario Court of Appeal dismissing an appeal from a judgment of Callaghan J. sitting with a jury. Appeal dismissed.

D.K. Laidlaw, Q.C., and Harry Underwood, for the appellant.

Boris Freesman, Q.C., and Tim Danson, for the respondent.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We do not need to hear you, Mr. Freesman and Mr. Danson. This appeal reflects a jury verdict, pursuant to a proper instruction by the trial judge and with the Court of Appeal affirming the dismissal of the action. Although the alleged perversity of the jury verdict raises some question in our minds on the point made by counsel for the appellant, we are not prepared to interfere any more than did the Ontario Court of Appeal.

The appeal therefore fails and must be dismissed with costs.

Judgment accordingly.

Solicitors for the appellant: McCarthy and McCarthy, Toronto.

Solicitor for the respondent: Boris G. Freesman, Toronto.