Plaintiff
Defendant
Background:
Kenneth Wayne Muzik, an investment advisor, sued the Canadian Broadcasting Corporation (CBC), William Worthington, Gosia Sawicka, Cecil Rosner, and John Bertrand. Muzik claimed that CBC published defamatory news stories about his investment strategy for railway employees, which led to reputational harm. Initially, the trial court ruled in favor of Muzik, awarding him $1,659,403 in damages.
Legal Issues:
The case centered on whether the CBC’s news stories were defamatory. While the trial court found the stories defamatory and dismissed any defense, the Manitoba Court of Appeal later ruled that although the stories were defamatory, the CBC successfully established the defense of "responsible communication on matters of public interest." The Supreme Court of Canada denied Muzik's leave to appeal.
Costs and Awards:
After the appeal, CBC sought costs against Muzik. The court awarded CBC a total of $233,683.33 in legal fees under the Class 4 Tariff and additional disbursements of $139,973.98, totaling $373,657.31. Muzik was also ordered to pay $15,000 for written arguments. A claim for double costs made by CBC was rejected.
Final Outcome:
The Manitoba Court of Appeal overturned the damages awarded to Muzik, finding the defense of responsible communication applicable. CBC, while successful in overturning the damages, was not granted elevated costs.
Court
Court of King's Bench ManitobaCase Number
CI 12-01-79322Practice Area
Tort lawAmount
$ 373,657Winner
DefendantTrial Start Date
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