2007 October 1

Fontaine v. Courchene, 2007 MBQB 238, appeal dismissed 2008: MBCA

The Manitoba Court of Queen’s Bench dismissed an application by the plaintiff, a former First Nation Band Councillor, for the payment by the defendants of interim costs to fund her action in defamation over an email allegedly disseminated to Band members. The Court held the plaintiff had failed to satisfy the test for such a rare and exceptional order which was reaffirmed by the Supreme Court of Canada in Little Sisters Book and Art Emporium v Canada (Commissioner of Customs and Revenue), 2007 SCC 2.