Green v. Tram et al., 2015 MBCA 8

Citation: Green v. Tram et al., 2015 MBCA 8 Date: 20150114 Docket: AI14-30-08236 IN THE COURT OF APPEAL OF MANITOBA Coram: Mr. Justice Alan D. MacInnes Mr. Justice Marc M. Monnin Mr. Justice Christopher J. Mainella BETWEEN: MARTIN GREEN ) ) ) (Plaintiff) Appellant ) ) M. Green- and - ) on his own behalf ) HIEP TRAM and ARLENE SKULL ) G. L. Mackwood ) for the Respondents ) (Defendants) Respondents ) Appeal heard and ) Decision pronounced:- and - ) January 14, 2015 ) DEB WOLOSHYN, WALLY STEWART, ) JOHN ANCHAN and THE ) UNIVERSITY OF WINNIPEG ) ) (Defendants) ) MAINELLA J.A. (for the Court): [1] This is an appeal from an order granting the respondents

summary judgment dismissing the action against them fordefamation and conspiracy in relation to their supervision of the appellant’s student teaching practicum at Gordon Bell High School. [2] The motions judge concluded that the respondents had established a prima facie case that the appellant’s claims againstthem of defamation and conspiracy must fail.

He also concluded that the appellant had failed to establish a genuine issue for trial inrespect of both claims as the appellant had not provided any evidence of malice to rebut the defence of qualified privilege to thedefamation claim, nor any evidence of an agreement to injure him in relation to the conspiracy claim (see Weisenberger v. Johnson &Higgins Ltd. (1998), (MB CA), 131 Man.R. (2d) 274 at paras. 25-26 (C.A.); and Polimeni v. Danzinger andFoerster (1995), (MB KB), 105 Man.R. (2d) 91 at paras. 65-69 (Q.B.), aff’d (1997), (MB CA),113 Man.R. (2d) 304 (C.A.), leave to appeal to S.C.C. ref’d, [1997] S.C.C.A.

No. 156 (QL)). [3] After a careful review of the record, and consideration of the appellant’s submissions, we have not been persuaded thatthe motions judge either misdirected himself or that the decision he arrived at was wrong, let alone clearly wrong as to amount to aninjustice (see Towers Ltd. v. Quinton’s Cleaners Ltd. et al., 2009 MBCA 81, 245 Man.R. (2d) 70). [4] The appeal is dismissed with costs. J.A. J.A.

J.A.