Court File and Parties

COURT FILE NO.: CV-19-612453, CV-14-498573

DATE: 20211001

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Sommer v. Goldi and Goldi

COUNSEL: Jonathan Sommer self-represented (jsommer@sommers-law.ca)

No one appearing for the defendants

HEARD: Teleconference

BEFORE: D.L. Corbett J.

PARTIAL JUDGMENT

[1] These cases were returned before me by direction of Papageorgiou J. for decision on the following issues:

(a) To decide whether the allegations of defamation were pleaded with sufficient particularity given the technical requirements for pleadings in defamation actions;

(b) If the answer to (a) was yes, to consider granting judgment against the Goldis for the defamation claims based on my finding and the findings made previously by Papageorgiou J.;

(c) If the answer to (b) was yes, to conduct a damages hearing; and

(d) To conclude the outstanding contempt proceedings before me.

[2] I have decided these issues as follows:

(a) The allegations of defamation are pleaded properly;

(b) Judgment is granted for the plaintiff against the Goldis for the allegations of defamation;

(c) Special damages are proved before me of $41,600. Judgment shall issue immediately for this amount. General, punitive and aggravated damages and claims for costs were argued before me and remain under reserve. I will release further reasons awarding further damages and costs, in due course.

(d) The contempt proceedings shall continue on December 3, 2021. The Goldis are ordered to attend that hearing as set out below. A bench warrant shall issue for their arrest, with discretion, on the terms set out below.

The Goldis are cautioned that if they fail to attend the hearing on December 3, 2021, as directed, the court will issue a warrant for their arrest, they will be arrested and held in custody until they can be brought before this court. They have been warned about this before and are warned again: they do not have the option of ignoring a court order without potentially serious consequences.

The Allegations of Defamation Are Pleaded Properly

[3] I shall provide further reasons respecting this point when I provide reasons for general damages and related relief. The pleadings are more than adequate to explain to the defendants the alleged impugned defamatory statements, which are obviously defamatory on their face.

Judgment Shall be Granted Against the Goldis

[4] Papageorgiou J. has already made findings sufficient to ground liability for defamation when those findings are read in conjunction with my conclusion that the pleadings are sufficient.

Damages

[5] Mr Sommer has established on the evidence that the defendants sought to undermine his relationship with clients, and specifically in respect to one set of clients with whom he had an ongoing professional engagement. Mr Sommer has established that his loss of fee income associated with that terminated retainer was at least $41,600. That amount is less than the defendants, themselves, in their internet publications, claimed had been losses caused by their conduct.

Contempt

[6] The Goldis were served with notice of the hearing and they were ordered to appear at the contempt hearing. They did not appear and they did not communicate with the court to seek an adjournment or to provide any explanation of their failure to follow the order of Papageorgiou J. requiring that they appear.

[7] The court cannot proceed with a contempt hearing against the Goldis if they do not appear. The contempt allegations are quasi-criminal in nature and, as the Goldis have been told by this court previously, they could face a fine, or incarceration, or both, for contempt of court.

[8] The continued contempt hearing will take place by ZOOM videoconference at 10:00 am on December 3, 2021, from a courtroom at 361 University Avenue, Toronto. The Goldis must attend the hearing in person at 361 University Avenue, Toronto, unless they provide a written assurance to the court by November 19, 2021 that they will attend the ZOOM hearing on December 3, 2021. Mr Sommer may attend the hearing by ZOOM videoconference.

[9] If they fail to attend as directed, a warrant will be issued for their arrest and police will be directed to execute the warrant, to keep the Goldis in custody until an appearance may be scheduled before me, and then to bring them to that appearance.

[10] Mr Sommer should provide the court with a draft partial judgment reflecting this decision, in WORD format, and the court will arrange to have it issued, entered and provided to the parties, after which Mr Sommer may take steps to enforce it.

D.L. Corbett J.

Date: October 1, 2021