Robertson v. McCormick

Robertson v. McCormick

The amended statement of claim failed as a matter of law to particularize the allegedly defamatory words with sufficient specificity and, as pleaded, the act of ending a day‑to‑day substitute assignment cannot, on its own, sustain a defamation claim; the affidavit evidence did not raise a genuine issue for trial and the defendant's communications would, in any event, be protected by qualified privilege and fair comment absent properly pleaded and evidenced malice; therefore summary judgment for the defendant dismissing the claim was appropriate.

Citation
2012 NSSC 4
Parties
Plaintiff/respondent: Mark Robertson; Defendant/applicant: Heather McCormick
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
5 January 2012
Procedural Posture
Defamation / Summary Judgment Motion on Pleadings and on Evidence; Judgment Dismissing Claim
Outcome
Motion for summary judgment on the pleadings and on the evidence granted; claim in defamation dismissed.
Legal Topics
Summary Judgment, Qualified Privilege, Fair Comment, Pleading Particulars, Slander, Malice
Source Language
English
Defamation Civil Procedure Education Law Employment Law Summary Judgment Qualified Privilege Fair Comment Pleading Particulars +2 more

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Parties

Mark Robertson

Plaintiff/respondent

Heather McCormick

Defendant/applicant

Procedural Posture

Defamation / Summary Judgment Motion on Pleadings and on Evidence; Judgment Dismissing Claim

Legal Issues

  1. 1 Whether the amended statement of claim particularized the allegedly defamatory words sufficiently to disclose a cause of action
  2. 2 Whether the act of ending a substitute teacher's assignment can, by itself, constitute defamatory publication
  3. 3 Whether the defendant's communications were protected by qualified privilege or fair comment

Ratio Decidendi

The amended statement of claim failed as a matter of law to particularize the allegedly defamatory words with sufficient specificity and, as pleaded, the act of ending a day‑to‑day substitute assignment cannot, on its own, sustain a defamation claim; the affidavit evidence did not raise a genuine issue for trial and the defendant's communications would, in any event, be protected by qualified privilege and fair comment absent properly pleaded and evidenced malice; therefore summary judgment for the defendant dismissing the claim was appropriate.

Court Disposition

Motion for summary judgment on the pleadings and on the evidence granted; claim in defamation dismissed.

Orders

  • Amended statement of claim set aside and claim dismissed
  • Parties to attempt agreement on costs or file written submissions on costs within 30 calendar days of release of this decision