2010 August 13

Roskam v. Jacoby-Hawkins, 2010 ONSC 4439

The Ontario Superior Court granted an application by the plaintiff, a supporter of the Libertarian Party of Canada, for an extension of time to appeal from a judgment of the Small Claims Court ordering him to pay Jakoby-Hawkins, a Green Party candidate, $7,000 general damages and $3,000 in aggravated damages for defamation contained in an email to Green Party officials, statements made in a website, and statements made in a written newsletter. Although the parties did not address the merits of the proposed appeal, the Court found that there appears to be a bona fide intention to the pursue the appeal, the Notice of Appeal was delivered a very short time after the expiry date, and there appears to be no prejudice to the defendant as a result of the late service.