2018 January 10

Brauer v. Raymond, 2018 NSCA 4

The Nova Scotia Court of Appeal dismissed an application by the respondent/plaintiff Raymond to extend the time for perfecting her cross-appeal from a trial judgment which had dismissed her defamation claims against one of two defendants.  At trial, she had obtained an award of $8,500 damages against one defendant, as well as a permanent injunction against both defendants/counterclaimants, prohibiting and restraining them from referring to the plaintiff in any future broadcasts, publications, Internet postings or other communications.  The Court of Appeal noted that the trial decision was not the primary target of the plaintiff’s cross-appeal.  Instead, the plaintiff had a “minor quibble” with a pre-trial order because the Court did not label the defamation tort in which she pursued and succeeded as a “cyberbully tort.”  That did not translate to an issue reviewable by the Court of Appeal.  The main appeal had been abandoned by the defendants.  The Court of Appeal dismissed the cross-appeal on the basis it was not satisfied that in was in the interests of justice to allow Raymond more time to perfect her cross-appeal.