Case information
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41091
Kenneth Wayne Muzik v. Canadian Broadcasting Corporation, et al.
(Manitoba) (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) |
|---|---|---|
| 2025-12-18 | Motion to extend time, (Book Form), Completed on: 2025-12-19 | Kenneth Wayne Muzik |
| 2025-12-18 | Motion for reconsideration of the application for leave to appeal, (Book Form), UNDER REVIEW, Completed on: 2026-01-12 | Kenneth Wayne Muzik |
| 2024-07-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-07-25 | Judgment on leave sent to the parties | |
| 2024-07-25 |
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 of Manitoba, Number AI22-30-09766, 2023 MBCA 95, dated November 21, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2024-06-03 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-02-22 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-02-23, (Printed version filed on 2024-02-22) | Kenneth Wayne Muzik |
| 2024-02-15 | Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B;, (Printed version filed on 2024-02-16) | Canadian Broadcasting Corporation |
| 2024-02-15 | Certificate (on limitations to public access), (Book Form), 23A;, (Printed version filed on 2024-02-16) | Canadian Broadcasting Corporation |
| 2024-02-15 | Notice of name, (Letter Form), (Printed version filed on 2024-02-16) | Canadian Broadcasting Corporation |
| 2024-02-15 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-02-16, (Printed version filed on 2024-02-16) | Canadian Broadcasting Corporation |
| 2024-01-19 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2024-01-19; | |
| 2024-01-17 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2024-01-17) | Kenneth Wayne Muzik |
| 2024-01-16 |
Application for leave to appeal, (Book Form), Missing: -Filing fees (Rec'd 2024-01-22) Amended Version (Rec'd 2024-01-19), Completed on: 2024-01-23, (Printed version filed on 2024-01-17) |
Kenneth Wayne Muzik |
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 |
|---|---|---|
| Muzik, Kenneth Wayne | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canadian Broadcasting Corporation | Respondent | Active |
| Gosia Sawicka | Respondent | Active |
Counsel
Party: Muzik, Kenneth Wayne
Counsel
Thomas K. Reimer
Tamara Reimer
760-444 St. Mary Avenue
Winnipeg, Manitoba
R3C 3T1
Telephone: (204) 953-5401
Email: wsg@lawgc.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Canadian Broadcasting Corporation
Counsel
2200-201 Portage Avenue
Winnipeg, Manitoba
R3B 3L3
Telephone: (204) 988-0324
Email: rcroy@tmlawyers.com
Party: Gosia Sawicka
Counsel
2200-201 Portage Avenue
Winnipeg, Manitoba
R3B 3L3
Telephone: (204) 988-0324
Email: rcroy@tmlawyers.com
Summary
Keywords
Torts — Defamation — Defences — Responsible communication on matters of public interest — Applicant bringing action in defamation following broadcast and online publication of news story — Scope of public interest for purpose of responsible communication defence — Extent to which concepts from legislation relating to dismissal of strategic lawsuits against public participation (“anti-SLAPP legislation”) should be imported into public interest determination —Extent to which concepts from anti-SLAPP legislation generally should be imported into the common law concerning defamation — Amount of deference owed by reviewing courts to trial judges’ assessments of public interest
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.
Applicant Kenneth Wayne Muzik, an investment advisor, had developed a niche market with railroad employees (whose defined benefit pension plan allowed them to “commute”, or cash out, the accumulated value of their pensions, and transfer the cash value into privately managed investment portfolios). In 2011 one of Mr. Muzik’s clients, unhappy with the value of his investment portfolio, filed complaints with Mr. Muzik’s employer as well as the Manitoba Securities Commission and the Mutual Fund Dealers Association. The client and his spouse also brought their complaint to the respondents, reporter Gosia Sawicka and the Canadian Broadcasting Corporation (CBC).
In June 2012 the CBC aired a story on the local news and published an online article concerning the client’s investments with Mr. Muzik. Mr. Muzik brought an action against the respondents, alleging that the broadcast and article were defamatory.
The trial judge concluded that the news stories were defamatory and that the respondents had not established any available defence to escape liability. CBC and Ms. Sawicka appealed.
The Court of Appeal upheld the trial judge’s finding that the news stories were defamatory, but held that the respondents were entitled to rely upon a defence of responsible communication on matters of public interest. The appeal was allowed.
Lower court rulings
Judgment for the applicant
Appeal allowed
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.
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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
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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.
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