2016 November 8

GRG Building Consultants Inc. v. Juffs, 2016 ONSC 6905

The Ontario Superior Court of Justice dismissed an application by the defendant for summary judgment on his counterclaim against an ex-employer for alleged defamation. The Court held that it was impossible to separate the issues on the counterclaim, which related to emails and letters sent by the plaintiff to the defendant’s new employer, from the issues on the claim. The claim was a mirror of the issue on the counterclaim. “The truth or falsity of the statements in the [allegedly defamatory] emails and the letter are at the heart of both the claim and the counterclaim. The issues need to be decided together [at trial].” The Court also held it could not conclude whether or not the words complained of were defamatory. “…[I]n my view, a court needs the entire context to make a determination” whether the words were defamatory, cited Bang Gu Jiang v Sing Tao Daily, 2014 ONSC 287 at paras. 31-32.