Green v. Tram et al., (2015) 315 Man.R.(2d) 54 (CA)

• Judge: MacInnes, Monnin and Mainella, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: January 14, 2015
• Jurisdiction: Manitoba
• Citations: (2015), 315 Man.R.(2d) 54 (CA);2015 MBCA 8

Green v. Tram (2015), 315 Man.R.(2d) 54 (CA);

      630 W.A.C. 54

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. FE.002

Martin Green (plaintiff/appellant) v. Hiep Tram and Arlene Skull (defendants/respondents) and Deb Woloshyn, Wally Stewart, John Anchan and The University of Winnipeg (defendants)

(AI 14-30-08236; 2015 MBCA 8)

Indexed As: Green v. Tram et al.

Manitoba Court of Appeal

MacInnes, Monnin and Mainella, JJ.A.

January 14, 2015.

Summary:

Green was enrolled in a teacher certification program at the University of Winnipeg. He was assigned to teaching duties at a high school for the program's practicum component. Officials at the high school complained about Green's teaching methods and behaviour. Green's practicum was terminated. Green sued officials at the high school and the university for damages. The high school defendants successfully moved for summary judgment dismissing the conspiracy and defamation claims against them. Green appealed.

The Manitoba Court of Queen's Bench, in a decision reported at (2014), 307 Man.R.(2d) 82, dismissed the appeal. Green appealed.

The Manitoba Court of Appeal dismissed the appeal.

Editor's Note: For a related decision involving the university defendants' motion for summary judgment, see (2013), 293 Man.R.(2d) 192.

Libel and Slander - Topic 2983

Defences - Qualified privilege - When available - [See Practice - Topic 5702 ].

Libel and Slander - Topic 4141

Malice - Evidence - General - [See Practice - Topic 5702 ].

Practice - Topic 5702

Judgments and orders - Summary judgments - Jurisdiction or when available or when appropriate - Green was enrolled in a teacher certification program at the University of Winnipeg - He was assigned to teaching duties at a high school for the program's practicum component - Officials at the high school were unhappy with Green's teaching methods and behaviour - The university terminated Green's practicum - Green sued officials at the high school for defamation and conspiracy - A Master granted the defendants' motion for summary judgment dismissing the claims against them - The Manitoba Court of Queen's Bench dismissed Green's appeal - Respecting the defamation claim, the defence of qualified privilege was available to the defendants, and their sworn denials of malice were generally consistent with the totality of the evidence - Respecting conspiracy, there was no evidence that the defendants entered into an agreement with the university officials to injure Green - The defendants established a prima facie case that Green's claim had to fail, and Green failed to establish a genuine issue for trial - The Manitoba Court of Appeal dismissed Green's appeal.

Practice - Topic 5719

Judgments and orders - Summary judgments - To dismiss action - [See Practice - Topic 5702 ].

Torts - Topic 5703

Conspiracy - General - Elements - [See Practice - Topic 5702 ].

Cases Noticed:

Weisenberger v. Johnson & Higgins (1998), 131 Man.R.(2d) 274; 187 W.A.C. 274 (C.A.), refd to. [para. 2].

Polimeni v. Danzinger and Foerster (1995), 105 Man.R.(2d) 91 (Q.B.), affd. (1997), 113 Man.R.(2d) 304; 131 W.A.C. 304 (C.A.), leave to appeal refused (1997), 223 N.R. 74 (S.C.C.), refd to. [para. 2].

Towers Ltd. v. Quinton's Cleaners Ltd. et al. (2009), 245 Man.R.(2d) 70; 466 W.A.C. 70; 2009 MBCA 81, refd to. [para. 3].

Counsel:

M. Green, appeared in person;

G.L. Mackwood, for the respondents.

This appeal was heard on January 14, 2015, before MacInnes, Monnin and Mainella, JJ.A., of the Manitoba Court of Appeal. Mainella, J.A., pronounced the following decision for the court on the same date.