Misir v. Toronto Star, (1997) 105 O.A.C. 270 (CA)

JudgeMcKinlay, Carthy and Laskin, JJ.A.
CourtCourt of Appeal (Ontario)
Case DateDecember 09, 1997
JurisdictionOntario
Citations(1997), 105 O.A.C. 270 (CA)

Misir v. Toronto Star (1997), 105 O.A.C. 270 (CA)

MLB headnote and full text

Temp. Cite: [1997] O.A.C. TBEd. DE.046

Dev Misir and Metro Orthopaedic & Rehabilitation Centre Inc. (respondents/plaintiffs) v. Toronto Star Newspapers Ltd., Torstar Corp., John A. Honderich and James Daw (appellants/defendants)

(Docket: C25045)

Indexed As: Misir et al. v. Toronto Star Newspapers Ltd. et al.

Ontario Court of Appeal

McKinlay, Carthy and Laskin, JJ.A.

December 9, 1997.

Summary:

The plaintiff owner of a group of health care facilities, including the co-plaintiff Metro Orthopaedic & Rehabilitation Centre Inc., claimed that they were defamed in a series of newspaper articles. The defendants, the owner of the newspaper, the publisher and the writer of the articles, moved for summary dismissal of the claim. The motions judge dismissed the motion. The defendants appealed.

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 - The owner of a group of health care facilities claimed that he and one of his facilities were defamed in a series of 12 newspaper articles pub­lished in May and September - The owner sued the newspaper owners, the publisher and the writer for defamation - The de­fendants claimed that the first 11 articles did not identify the plaintiffs and, there­fore, did not defame them - The Ontario Court of Appeal held that the 12 articles together formed a single libel - When the articles were read together they showed that the plaintiffs were referred to in the earlier articles - See paragraphs 11 to 23.

Limitation of Actions - Topic 3246

Actions in tort - Libel and slander - When time begins to run - The plaintiff owner of a group of health care facilities, claimed that he and one of his facilities were de­famed in a series of 12 newspaper articles published in May and September - Only the last article, published on Septem­ber 30, named the plaintiffs - The defend­ants, the owner of the newspaper, the publisher and the writer of the articles claimed that the plaintiffs failed to serve notice within the six week notice period provided in s. 5(1) of the Libel and Slan­der Act - The Ontario Court of Appeal treated the separate arti­cles as a single libel - The six week notice period did not begin until the September 30 article that named the plaintiffs - See paragraphs 11 to 21.

Cases Noticed:

Hayward v. Thompson, [1982] 1 Q.B. 47 (C.A.), refd to. [para. 16].

Botiuk v. Bardyn et al., [1995] 3 S.C.R. 3; 186 N.R. 1; 85 O.A.C. 81; 126 D.L.R.(4th) 609, refd to. [para. 19].

Botiuk v. Toronto Free Press Publications Ltd. - see Botiuk v. Bardyn et al.

Statutes Noticed:

Libel and Slander Act, R.S.O. 1990, c. L-12, sect. 5(1) [para. 11].

Counsel:

Alison B. Woodbury, for the appel­lants/defendants;

Sandra E. Dawe, for the respondent.

This appeal was heard on November 4 and 5, 1997, before McKinlay, Carthy and Las­kin, JJ.A., of the Ontario Court of Appeal. On December 9, 1997, Laskin, J.A., delivered the following judgment for the court.

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16 practice notes
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    • Irwin Books Cyberlibel: Information Warfare in the 21st Century? Part VIII
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    ...Securities Commission, 2006 CanLII 12428 (ON S.C.). ............................... 27 Misir v. Toronto Star Newspapers Limited (1997), 105 O.A.C. 270 (C.A.) ......................... 82– 83 Mitchell v. Victorian Daily Times, [1944] 2 D.L.R. 239 ...................................................
  • Table of cases
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    • Irwin Books Canadian Libel and Slander Actions
    • June 17, 2004
    ...C.A.) 912 Mirror Newspapers Ltd. v. Harrison (1982), 149 C.L.R. 293 (H.C.A.) 293, 518 Misir v. Toronto Star Newspapers Limited (1997), 105 O.A.C. 270 (C.A.) 64, 67, 73, 240, 647 Mitchell v. Nanaimo District Teachers Association, [1993] B.C.J. No. 386 (S.C.) 164, 167 , 174 Mitchell v. Nana......
  • Pre-trial Disposition of Claims and Defences
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    • Irwin Books Canadian Libel and Slander Actions
    • June 17, 2004
    ...Ridge Pine Park Inc. v. Schwisberg (1998), 65 O.T.C. 73, per Glass J. at para. 4 (Gen. Div). Misir v. Toronto Star Newspapers Ltd. (1997), 105 O.A.C. 270, per LaskinJ.A. at para. 23 (C.A.). Vbutsinos v. New Brunswick (Research and Productivity Council) (1993), 136 N.B.R. (2d) 364, per Dicks......
  • Notice and Limitation Periods
    • Canada
    • Irwin Books Cyberlibel: Information Warfare in the 21st Century? Part II
    • June 15, 2011
    ...is an important and well-established extension of the law relating to limitation periods. In Misir v. Toronto Star Newspapers Limited (1997), 105 O.A.C. 270 at paras. 14–15 (C.A.) Laskin J.A. stated: Section 5(1), however, includes the element of discoverability. he six-week period for givi......
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    ...Southam Press Ltd. et al. (1981), 33 O.R.(2d) 287 (C.A.), refd to. [para. 115]. Misir et al. v. Toronto Star Newspapers Ltd. et al. (1997), 105 O.A.C. 270 (C.A.), refd to. [para. Janssen-Ortho Inc. v. Amgen Canada Inc. et al. (2005), 199 O.A.C. 89 (C.A.), refd to. [para. 117]. Roach v. Now ......
  • Shtaif v. Toronto Life Publ. Co., (2013) 306 O.A.C. 155 (CA)
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    ...v. Lopehandia et al. (2004), 187 O.A.C. 238 ; 71 O.R.(3d) 416 (C.A.), refd to. [para. 38]. Misir v. Toronto Star Newspapers Ltd. (1997), 105 O.A.C. 270 (C.A.), refd to. [para. Ross v. Ross (1999), 181 N.S.R.(2d) 22 ; 560 A.P.R. 22 ; 1999 NSCA 162 (C.A.), refd to. [para. 46]. 767269 O......
  • Weaver v. Corcoran, 2017 BCCA 160
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    • April 21, 2017
    ...may well be able to combine the defamations so found in an assessment of damages. [81] Misir v. Toronto Star Newspapers Ltd. et al. (1997), 105 O.A.C. 270, was also distinguished in Merling. In Misir, only the last article in a series of twelve actually named the plaintiffs. In that circums......
  • Watson and Gallagher v. Southam Inc. et al., (2000) 134 O.A.C. 139 (CA)
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    • April 3, 2000
    ...50]. Merling v. Southam Inc. et al. (2000), 128 O.A.C. 261 (C.A.), refd to. [para. 50]. Misir v. Toronto Star Newspapers Ltd. et al. (1997), 105 O.A.C. 270 (C.A.), refd to. [para. Grossman v. CFTO-TV Ltd. (1982), 39 O.R.(2d) 498 (C.A.), leave to appeal refused (1983), 46 N.R. 266 (S.C.C.), ......
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6 books & journal articles
  • Table of cases
    • Canada
    • Irwin Books Canadian Libel and Slander Actions
    • June 17, 2004
    ...C.A.) 912 Mirror Newspapers Ltd. v. Harrison (1982), 149 C.L.R. 293 (H.C.A.) 293, 518 Misir v. Toronto Star Newspapers Limited (1997), 105 O.A.C. 270 (C.A.) 64, 67, 73, 240, 647 Mitchell v. Nanaimo District Teachers Association, [1993] B.C.J. No. 386 (S.C.) 164, 167 , 174 Mitchell v. Nana......
  • Table of Cases
    • Canada
    • Irwin Books Cyberlibel: Information Warfare in the 21st Century? Part VIII
    • June 15, 2011
    ...Securities Commission, 2006 CanLII 12428 (ON S.C.). ............................... 27 Misir v. Toronto Star Newspapers Limited (1997), 105 O.A.C. 270 (C.A.) ......................... 82– 83 Mitchell v. Victorian Daily Times, [1944] 2 D.L.R. 239 ...................................................
  • Pre-trial Disposition of Claims and Defences
    • Canada
    • Irwin Books Canadian Libel and Slander Actions
    • June 17, 2004
    ...Ridge Pine Park Inc. v. Schwisberg (1998), 65 O.T.C. 73, per Glass J. at para. 4 (Gen. Div). Misir v. Toronto Star Newspapers Ltd. (1997), 105 O.A.C. 270, per LaskinJ.A. at para. 23 (C.A.). Vbutsinos v. New Brunswick (Research and Productivity Council) (1993), 136 N.B.R. (2d) 364, per Dicks......
  • Notice and Limitation Periods
    • Canada
    • Irwin Books Cyberlibel: Information Warfare in the 21st Century? Part II
    • June 15, 2011
    ...is an important and well-established extension of the law relating to limitation periods. In Misir v. Toronto Star Newspapers Limited (1997), 105 O.A.C. 270 at paras. 14–15 (C.A.) Laskin J.A. stated: Section 5(1), however, includes the element of discoverability. he six-week period for givi......
  • Request a trial to view additional results

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