Todd L. Archibald

The appellant appealed a trial judgment awarding $3,000 plus costs for defamation.

On appeal, the appellant brought a preliminary motion to introduce fresh medical records regarding his psychiatric condition, arguing it should relieve him of liability.

The Divisional Court dismissed the motion, applying the Palmer test and finding the evidence could have been adduced at trial and would not have altered the result.

The court found no error in the trial judge's decision and dismissed the appeal, awarding $4,000 in costs to the respondent.