Board of Trustees of the City of Saint John Employee Pension Plan et al. v. Ferguson 2012 NBQB 46
Libel and Slander - Practice - General - Capacity to sue
The defendant was a Saint John City Councillor. Between April 2005 and July 2006, the defendant made presentations to Council critical of the management of the Saint John Employee Pension Plan. In addition, the defendant wrote a commentary about these matters which was published in the September 1, 2006, edition of the Telegraph-Journal. The defendant argued for the need for an independent review. The plaintiffs, the Board of Trustees of the City of Saint John Employee Pension Plan et al., sued the defendant for defamation. This motion dealt with two issues in the statement of defence which involved questions of law that should not be left to the jury.
The New Brunswick Court of Queen’s Bench, Trial Division, determined the issues.
Editor’s note: for other cases involving these parties, see (2010), 366 N.B.R.(2d) 309; 942 A.P.R. 309 (T.D.) and (2010), 379 N.B.R.(2d) 244; 978 A.P.R. 244 (T.D.).