The defendant Denis Rancourt will appeal the judgement resulting from the May-June 2014 trial of the St. Lewis v. Rancourt defamation case.
The Notice of Appeal has been served to the plaintiff and filed to the Court of Appeal for Ontario, and is posted HERE, and as a PDF file HERE.
The Overview section in the Notice of Appeal reads:
1. This appeal raises fundamental questions about:
(a) the sufficient conditions that give rise to a reasonable apprehension of bias, regarding financial and institutional ties, in-court procedural decisions, the charge to the jury, and express findings from the bench;
(b) the right of a litigant to argue an abuse-of-process remedy in a defamation trial, which was pleaded in pleadings that were not stuck out;
(c) the right of a defendant to have his pleaded defences and remedies considered by the jury in a defamation trial;
(d) whether the charge to the jury in a defamation trial can limit the jury members to either accept or reject specified meanings of the words complained of;
(e) whether an imbedded video that is an integral part of a web article (“blogpost”) complained of and that is essential to the context of the alleged libel in a defamation action must be shown to the jury at trial;
(f) the limiting of a defendant’s freedom of expression by a permanent injunction that forbids future unknown statements about the plaintiff, following a successful defamation action;
(g) costs policy principles, the Charter principle of freedom of expression, and the common law of awarding costs, for costs of a defamation trial against an impecunious defendant when there are no costs to the plaintiff.
All/most court-filed documents of both parties in the overall action and its appeals are HERE.