Alli v. Shakur

Alli v. Shakur

The motion judge properly excluded or gave no weight to the contested hearsay on credibility and reliability grounds, found no admissible evidence that the alleged defamatory text was sent or repeated as pleaded, and her factual credibility determinations are entitled to deference; because the appellant had narrowed the first action the judge correctly confined the summary judgment to those pleaded allegations and dismissal was appropriate.

Citation
2025 ONCA 703
Parties
Plaintiff (appellant): Ejjaz Alli; Defendant (respondent): Yasir Shakur; Defendant (respondent): Saiyaf Alli
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
17 October 2025
Procedural Posture
Defamation; Civil Appeal From Summary Judgment / Appeal From Motion Judge's Summary Judgment Decision in the Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Hearsay Principled Exception, Credibility Findings, Pleadings Amendment, Joinder/overlap of Actions, Costs
Source Language
English
Defamation Civil Procedure Evidence Appeal Summary Judgment Hearsay Principled Exception Credibility Findings Pleadings Amendment +2 more

Case Brief

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Parties

Ejjaz Alli

Plaintiff (appellant)

Yasir Shakur

Defendant (respondent)

Saiyaf Alli

Defendant (respondent)

Procedural Posture

Defamation; Civil Appeal From Summary Judgment / Appeal From Motion Judge's Summary Judgment Decision in the Court of Appeal

Legal Issues

  1. 1 Whether the motion judge erred in excluding hearsay evidence under the principled exception
  2. 2 Whether there was a genuine issue requiring trial on the existence or repetition of the alleged defamatory text message
  3. 3 Whether credibility findings by the motion judge were entitled to deference

Ratio Decidendi

The motion judge properly excluded or gave no weight to the contested hearsay on credibility and reliability grounds, found no admissible evidence that the alleged defamatory text was sent or repeated as pleaded, and her factual credibility determinations are entitled to deference; because the appellant had narrowed the first action the judge correctly confined the summary judgment to those pleaded allegations and dismissal was appropriate.

Court Disposition

Appeal dismissed

Orders

  • Summary judgment of the motion judge dismissing the first action is affirmed
  • Costs awarded to the respondents in the agreed all-inclusive sum of $20,000 payable by the appellant