Case information
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32937
J. Robert Verdun v. Robert M. Astley
(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) |
|---|---|---|
| 2010-04-21 | Close file on Leave | |
| 2010-04-20 | Correspondence (sent by the Court) to, Gowlings, re.: Certified judgment on taxation | |
| 2010-04-15 | Correspondence received, from Gowlings (dated April 15/10 by e-mail), re.: request of Certified judgment on taxation | |
| 2009-12-04 | Correspondence (sent by the Court) to, Mr. Verdun in response to his email dated Nov. 23/09 | |
| 2009-11-06 | Reconsideration not accepted for filing, (documents returned) | |
| 2009-04-07 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2009-04-03 | Certificate of taxation issued to, Henry S. Brown | |
| 2009-04-03 | Motion for reconsideration of the application for leave to appeal, Completed on: 2009-04-03 | J. Robert Verdun |
| 2009-04-01 | Decision on the bill of costs, in the amount of $1,554.29, Reg | |
| 2009-03-31 | Submission of the bill of costs, Reg | |
| 2009-03-19 | Bill of costs, AMENDED, Completed on: 2009-04-03 | Robert M. Astley |
| 2009-03-17 | Response to the bill of costs, Completed on: 2009-03-17 | J. Robert Verdun |
| 2009-03-13 | Bill of costs, Completed on: 2009-03-13 | Robert M. Astley |
| 2009-03-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-03-06 | Judgment on leave sent to the parties | |
| 2009-03-05 |
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 C48843, 2008 ONCA 728, dated October 21, 2008, is dismissed with costs. Dismissed, with costs |
|
| 2009-02-09 | All materials on application for leave submitted to the Judges, CJ Abe Ro | |
| 2009-01-16 | Respondent's response on the application for leave to appeal, Completed on: 2009-01-16 | Robert M. Astley |
| 2008-12-23 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2008-12-22 | Book of authorities | J. Robert Verdun |
| 2008-12-22 | Application for leave to appeal, Completed on: 2008-12-22 | J. Robert Verdun |
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 |
|---|---|---|
| Verdun, J. Robert | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Astley, Robert M. | Respondent | Active |
Counsel
Party: Verdun, J. Robert
Counsel
390 Bay Street
Suite 1202
Toronto, Ontario
M5H 2Y2
Telephone: (416) 363-2614
FAX: (416) 363-8451
Email: chris.jaglowitz@gmalaw.ca
Party: Astley, Robert M.
Counsel
Brian N. Radnoff
130 Adelaide Street West
Suite 2400, Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 601-2387
FAX: (416) 867-2412
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Summary
Keywords
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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.
Civil procedure - Torts - Defamation and libel - Commencement of proceedings - Notice of action for libel in a newspaper - Whether notice requirement in s. 5(1) of Libel and Slander Act, R.S.O. 1990, c. L. 12 applies to a counterclaim in an action for defamation - Whether judicially-defined scope of notice requirement unduly infringes on development of law of qualified privilege - Whether there are unique situations that escape the broad umbrella of s. 5(1) notice - Whether it is fair, reasonable, practical or beneficial to require advance notice of a counterclaim for defamation in a defamation action - Whether equities favour extending the benefit of notice to a non-media party who has circulated a statement of claim containing harmful allegations to the media with the intent that those allegations be republished in the media - Approach to interpreting defamation legislation.
The Respondent commenced a defamation action against the Applicant. Three newspaper articles published allegations set out in the Respondent’s statement of claim. The Applicant served a statement of defence and a counterclaim for defamation without giving written notice of his counterclaim. The Respondent brought a motion for summary judgment dismissing the counterclaim for failure to comply with the notice requirement set out in s. 5(1) of the Libel and Slander Act, R.S.O. 1990, c. L. 12. The Applicant brought a motion seeking to amend his statement of defence to plead equitable set-off.
Lower court rulings
Ontario Superior Court of Justice
06-CV-311034PD3
Summary judgment granted dismissing counter-claim; Cross-motion to amend statement of defence dismissed
Court of Appeal for Ontario
C48843, 2008 ONCA 728
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