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This document: 1998 CanLII 6875 (ON C.A.)
Citation: Bhaduria v. City-TV, 1998 CanLII 6875 (ON C.A.)
Date: 1998-12-07
Docket: c29587

COURT OF APPEAL FOR ONTARIO



RE: JAG BHADURIA (Appellant/Plaintiff)

v. CITY-TV - A

DIVISION OF CHUM TELEVISION GROUP, MOSES ZNAIMER, and STEPHEN HURLBUT (Respondents/ Defendants)



BEFORE: BROOKE, CARTHY and GOUDGE JJ.A.



COUNSEL: Jag Bhaduria,

the appellant, in person



Mark S. Hayes,

for the respondents



HEARD: November 13, 1998




E N D O R S E M E N T



[1] The broadcast complained of reported that there were allegations that the appellant had misstated his credentials. The appellant has acknowledged in cross-examination that there were indeed such allegations. Given the admission that the report complained of is true, there can be no genuine issue for trial.

[2] While this issue was not raised in the notice of motion below, it properly arose in the cross-examination of the appellant on his affidavit filed below. There was full opportunity for both parties to deal with this issue before the motions judge.

[3] The appeal must be dismissed with costs.