St. Lewis v. Rancourt, 2013 ONSC 1564

Case Summary

The defendant brought a motion to stay or dismiss a defamation action as an abuse of process, alleging that the plaintiff’s employer funding her legal costs constituted maintenance and champerty. The court excluded supplemental affidavits filed after cross‑examinations as irrelevant and inadmissible under the Rules of Civil Procedure and prior case management rulings. It held that the employer’s decision to fund the plaintiff’s legal fees was justified because the alleged defamatory statements related to work performed in the course of her employment and the plaintiff had independently decided to commence the action. The court found no evidence of an improper motive, profit‑sharing arrangement, or trafficking in litigation. Accordingly, the motion alleging champerty and maintenance was dismissed.

COURT FILE AND PARTIES

COURT FILE NO.: 11-51657
DATE: 2013/03/13

ONTARIO
SUPERIOR COURT OF JUSTICE

BETWEEN:

Joanne St. Lewis

Plaintiff

– and –

Denis Rancourt

Defendant

Richard G. Dearden / Anastasia Semenova, for the Plaintiff

Denis Rancourt, self-represented

University of Ottawa

Rule 37 Affected Party

Peter K. Doody, for the University of Ottawa

HEARD: December 13, 2012

REASONS FOR DECISION ON THE CHAMPERTY MOTION (Correction)

R. SMITH j.

Corrected decision: The text of the original decision was corrected on May 13, 2013 and the description of the correction is appended.

Overview

[1] Denis Rancourt (“Rancourt”) seeks an order dismissing or staying Joanne St. Lewis’ (“St. Lewis”) defamation action against him as an abuse of process, because he alleges that the University of Ottawa’s agreement to pay her legal costs constitutes champerty and maintenance.

[2] The defendant Rancourt is a former Physics Professor at the University of Ottawa (the “University”). He published a blog on February 11, 2011 in which he referred to St. Lewis as “Allan Rock’s house negro”.

[3] St. Lewis is an Assistant Law Professor employed by the University who teaches in the area of equality rights, and has a reputation in anti‑racism. She became a tenured professor in 2001. She is also a Black woman.

[4] In the fall of 2008, St.

St. Lewis v. Rancourt, 2013 ONSC 1564

Case Summary

COURT FILE AND PARTIES

Overview

This Proceeding

Judge

Counsel

Parties

Areas of Law