Case information
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31220
Munyonzwe Hamalengwa v. Bruce Duncan
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2006-03-20 | Close file on Leave | |
| 2006-03-20 | Certificate of taxation issued to, D. Landesman of Stern, Landesman, Clark | |
| 2006-03-16 | Decision on the bill of costs, taxed at the amount of $951.64, Reg | |
| 2006-03-16 | Submission of the bill of costs, Reg | |
| 2006-03-01 | Bill of costs, (invoice received on March 16, 2006), Completed on: 2006-03-06 | Bruce Duncan |
| 2006-02-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-02-17 | Judgment on leave sent to the parties | |
| 2006-02-16 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C43045, dated September 22, 2005, is dismissed with costs. Dismissed, with costs |
|
| 2006-01-16 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2005-12-20 | Book of authorities | Bruce Duncan |
| 2005-12-20 | Respondent's response on the application for leave to appeal, Completed on: 2005-12-20 | Bruce Duncan |
| 2005-12-07 | Correspondence received from, M. Hamalengwa dated Dec. 1/05 re: enclosing C/A Order with service (by fax - original rec'd Dec. 28/05) | Munyonzwe Hamalengwa |
| 2005-11-25 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2005-11-21 | Book of authorities, (2 volumes) | Munyonzwe Hamalengwa |
| 2005-11-21 | Application for leave to appeal, (2 volumes) C/A Order missing (Sup. Crt Order in vol. 2), (Original certificate rec'd Dec. 01, 05) (C/A Order rec'd Dec. 7/05), Completed on: 2005-12-07 | Munyonzwe Hamalengwa |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Hamalengwa, Munyonzwe | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Duncan, Bruce | Respondent | Active |
Counsel
Party: Hamalengwa, Munyonzwe
Counsel
Unit 18A
Toronto, Ontario
M9V 5C3
Telephone: (416) 644-1106
FAX: (416) 644-1126
Email: mhamalengwa@sympatico.ca
Party: Duncan, Bruce
Counsel
Suite 1724
390 Bay Street
Toronto, Ontario
M5H 2Y2
Telephone: (416) 869-3422
FAX: (416) 869-3449
Email: pstern@sternlaw.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Torts - Libel and slander - Judicial immunity - Racial animus - Reasonable apprehension of bias - Solicitor and client costs - Whether the Court of Appeal erred in dismissing the appeal.
The Applicant, Hamalengwa, a lawyer, brought an action against the Respondent, Mr. Justice Bruce Duncan of the Ontario Court of Justice. Justice Duncan sent a letter of complaint about Hamalengwa to the Complaints and Investigation Department of the Law Society of Upper Canada. After investigating the complaint, the Law Society decided no action was warranted and closed the file. Hamalengwa then brought an action against Justice Duncan claiming damages for libel and slander, breach of his constitutional rights, breach of fiduciary duty, emotional anguish, and wrongful interference with professional and economic interests. The motions judge struck the entire action on the basis that Justice Duncan was protected by judicial immunity as well as the absolute privilege given to any person who files a complaint with a statutory regulatory body and, in addition, because the statement of claim did not contain particulars to support Hamalengwa's allegation of malice. The motions judge also awarded costs against Hamalengwa on a substantial indemnity basis. The Court of Appeal dismissed the appeal and granted costs to Justice Duncan in the amount of $10,000.00.
Lower court rulings
Ontario Superior Court of Justice
04-CV-271496CM 2
Applicant's claim struck under rule 21.01
Court of Appeal for Ontario
C43045
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available