Foulidis v. Ford, 2014 ONCA 530

JudgeMacPherson, Watt and Benotto, JJ.A.
CourtCourt of Appeal (Ontario)
Case DateMay 20, 2014
JurisdictionOntario
Citations2014 ONCA 530;(2014), 323 O.A.C. 269 (CA)

Foulidis v. Ford (2014), 323 O.A.C. 269 (CA)

MLB headnote and full text

Temp. Cite: [2014] O.A.C. TBEd. JL.021

George Foulidis (plaintiff/appellant) v. Robert Ford (defendant/respondent)

(C56537; 2014 ONCA 530)

Indexed As: Foulidis v. Ford

Ontario Court of Appeal

MacPherson, Watt and Benotto, JJ.A.

July 8, 2014.

Summary:

The plaintiff restaurant operator sued a mayoral candidate for libel respecting comments made by the candidate to a newspaper about an untendered city contract with the restaurant.

The Ontario Superior Court in a decision reported [2012] O.T.C. Uned. 7189, dismissed the plaintiff's action. The plaintiff appealed. The two main issues were whether the plaintiff was the target of the mayoral candidate's remarks and whether the remarks were defamatory.

The Ontario Court of Appeal dismissed the appeal.

Libel and Slander - Topic 684

The statement - What constitutes defamatory statements - Libel - What constitutes a defamatory statement - A mayoral candidate commented to a newspaper about an untendered city contract awarded to a corporation which operated a restaurant on city property - The plaintiff, who was not an officer or director of the corporation but was involved in the operation of the restaurant, sued the candidate for libel - The trial judge dismissed the plaintiff's action, holding that the candidate's words did not refer to the plaintiff, nor were the words defamatory - While the candidate referred to the corporation, he never mentioned the plaintiff by name - The candidate's criticism of the contract was aimed at the role of city council in approving the deal and in the use of in camera meetings (i.e., the process) - The candidate also explicitly stated that he was not accusing anyone of corruption - The plaintiff appealed - The Ontario Court of Appeal dismissed the appeal.

Cases Noticed:

Sykes v. Fraser, [1974] S.C.R. 526, refd to. [para. 17].

Knupffer v. London Express Newspaper Ltd., [1944] A.C. 116 (H.L.), refd to. [para. 17].

Foulidis v. Baker (2014), 323 O.A.C. 258; 2014 ONCA 529, refd to. [para. 20, footnote 1].

Botiuk v. Bardyn et al., [1995] 3 S.C.R. 3; 186 N.R. 1; 85 O.A.C. 81, refd to. [para. 35].

Simao v. Hankook Ilbo et al. (2012), 289 O.A.C. 109; 348 D.L.R.(4th) 472; 2012 ONCA 175, refd to. [para. 37].

Authors and Works Noticed:

Brown, Raymond E., The Law of Defamation in Canada (2nd Ed.) (Looseleaf), para. 5.3(1)(a) [para. 36].

Counsel:

Paul J. Pape and Andrea M. Bolieiro, for the appellant;

Gavin J. Tighe and Stephen Thiele, for the respondent.

This appeal was heard on May 20, 2014, before MacPherson, Watt and Benotto, JJ.A., of the Ontario Court of Appeal. The following decision was delivered for the court by MacPherson, J.A., on July 8, 2014.

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5 practice notes
  • Hosseini v Gharagozloo,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 22, 2024
    ...Ct.); Salimijazi v. Pakjou, [2009] O.J. No. 1538. 8 Thorpe v. Boakye, 2022 ONSC 7176; Kaur v. Virk, 2022 ONSC 6697; Foulidis v. Ford, 2014 ONCA 530; Botiuk v. Toronto Free Press Publications Ltd., [1995] 3 S.C.R. 9 Konstan v. Berkovits, 2023 ONSC 497; Lavallee v. Isak, 2022 ONCA 290; Thorpe......
  • The Civil Law System
    • Canada
    • Irwin Books Fundamental Law for Journalists
    • January 1, 2023
    ...If proof of inancial harm becomes 72 For example, the “bane and antidote” defence worked in Foulidis v Ford , 2012 ONSC 7189, af’d 2014 ONCA 530 because Toronto Mayor Rob Ford, who said the plaintif might be beneitting from corrupt practices in in camera council committee hearings, had adde......
  • Top 5 Civil Appeals From The Court Of Appeal (September 2014)
    • Canada
    • Mondaq Canada
    • September 24, 2014
    ...Benotto JJ.A.), July 2, 2014 2. Foulidis v. Baker, 2014 ONCA 529 (MacPherson, Watt and Benotto JJ.A.), July 8, 2014 Foulidis v. Ford, 2014 ONCA 530 (MacPherson, Watt and Benotto JJ.A.), July 8, 2014 3. McAteer v. Canada (Attorney General), 2014 ONCA 578 (Weiler, Lauwers and Pardu JJ.A.)......
  • Warman v Kay,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 18, 2024
    ...statements must be such that they would be understood by reasonable people to refer to the plaintiff”. 35 Similarly, in Foulidis v. Ford, 2014 ONCA 530, 323 O.A.C. 269 (“ Foulidis (ONCA)”), at para. 17, the Court of Appeal held that “the trial judge applied the relevant two-part test: (1)......
  • Request a trial to view additional results
2 firm's commentaries
  • Top 5 Civil Appeals From The Court Of Appeal (September 2014)
    • Canada
    • Mondaq Canada
    • September 24, 2014
    ...Benotto JJ.A.), July 2, 2014 2. Foulidis v. Baker, 2014 ONCA 529 (MacPherson, Watt and Benotto JJ.A.), July 8, 2014 Foulidis v. Ford, 2014 ONCA 530 (MacPherson, Watt and Benotto JJ.A.), July 8, 2014 3. McAteer v. Canada (Attorney General), 2014 ONCA 578 (Weiler, Lauwers and Pardu JJ.A.)......
  • Court Of Appeal Summaries (July 7 To July 11, 2014)
    • Canada
    • Mondaq Canada
    • July 21, 2014
    ...to deny the defendant his costs. Baker acted in the public interest, not irresponsibly, abusively or offensively. Foulidis v Ford, 2014 ONCA 530 [MacPherson, Watt and Benotto JJ.A.] Counsel: P. J. Pape and A. M. Bolieiro, for the appellant G. Tighe and S. Thiele, for the Keywords: Municipal......
1 books & journal articles
  • The Civil Law System
    • Canada
    • Irwin Books Fundamental Law for Journalists
    • January 1, 2023
    ...If proof of inancial harm becomes 72 For example, the “bane and antidote” defence worked in Foulidis v Ford , 2012 ONSC 7189, af’d 2014 ONCA 530 because Toronto Mayor Rob Ford, who said the plaintif might be beneitting from corrupt practices in in camera council committee hearings, had adde......

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