Moseley-Williams v. Hansler Industrieds Ltd.

Moseley-Williams v. Hansler Industrieds Ltd.

The Court held the order dismissing the motion for summary judgment was interlocutory and not appealable; accordingly the appeal was quashed and the appeal could not proceed from that interlocutory dismissal.

Citation
C42823, M32123
Parties
Plaintiff (respondent): Don Moseley-Williams; Defendant (appellant): Hansler Industries Ltd.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
18 March 2005
Procedural Posture
Civil / Appeal to Court of Appeal From Superior Court Order Dismissing Motion for Summary Judgment (interlocutory)
Outcome
Appeal quashed; order of Justice Cullity dismissing the summary judgment motion treated as interlocutory; respondent awarded costs.
Legal Topics
Summary Judgment, Absolute Privilege, Interlocutory Appeal, Costs
Source Language
English
Civil Procedure Defamation Law Evidence (privilege) Summary Judgment Absolute Privilege Interlocutory Appeal Costs

Case Brief

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Parties

Don Moseley-Williams

Plaintiff (respondent)

Hansler Industries Ltd.

Defendant (appellant)

Procedural Posture

Civil / Appeal to Court of Appeal From Superior Court Order Dismissing Motion for Summary Judgment (interlocutory)

Legal Issues

  1. 1 Whether the dismissal of the summary judgment motion was interlocutory and appealable
  2. 2 Whether absolute privilege attaches to a lawyer's letter as a matter of law
  3. 3 Whether factual issues remain that preclude summary judgment

Ratio Decidendi

The Court held the order dismissing the motion for summary judgment was interlocutory and not appealable; accordingly the appeal was quashed and the appeal could not proceed from that interlocutory dismissal.

Court Disposition

Appeal quashed; order of Justice Cullity dismissing the summary judgment motion treated as interlocutory; respondent awarded costs.

Orders

  • Appeal quashed
  • Respondent awarded costs fixed at $3,500 inclusive of disbursements and Goods and Services Tax