A Sudbury lawyer accused of slandering another lawyer during a conversation with a third lawyer has been vindicated following a judge's ruling.
Leo Arseneau alleged that fellow lawyer Nicola Munro slandered his good reputation during a phone call to a Sault Ste. Marie lawyer during a phone conversation five years ago.
Justice David Nadeau of the Ontario Superior Court of Justice disagreed and ruled in a written decision not only was there insufficient prove Arsenau was slandered, but that Munro's version of events the morning of Nov. 21, 2001 was closer to what happened than what Arseneau testified to.
"In my view...the plaintiff was clearly not satisfied his onus to establish on a balance of probabilities the slander that forms the basis of his claim," said Nadeau, in his written decision. "Without liability being proven, even if damages are presumed for defamation, sufficient proof of damages is therefore not an issue for this court to determine.
"However, even if it is ultimately decided I am wrong on the issue of liability, it is quite obvious from the testimony of Leo Paul Arseneau that has has not proven the damages as claimed."
Nadeau ruled he believed Munro was credible and honest in her recalling of a phone call to Sault Ste. Marie lawyer Kenneth Davies, when discussing a divorce case with him five years ago.
"I have no difficulty in finding that Nicola Munro was being very credible and reliable in her overall testimony," he said. "In essence, I believe and prefer her version of events as she indicated to this court. There was absolutely no malice toward Leo Paul Arseneau in her personal, confidential discussion with Kenneth Davies, and I am satisfied she did not speak a deliberately false statement."
Arseneau sued Munro and the law firm she worked for, Conroy Trebb Scott Hurtubise, for unspecified damages alleging Munro made slanderous comments about him to Davies during a phone conversation.
Davies had been hired to represent a Sudbury man during divorce proceedings. Sudbury lawyer Rejean Parise was hired by the wife in this case.
Because court proceedings were taking place in Sudbury, Davies hired Munro to act as an "agent" for himself during a court appearance.
However, Munro informed Davies she and Arseneau had a "difficult" ongoing professional relationship and did not want to appear at a mediation hearing relating to the divorce case.
Nadeau ruled this case turns on what "Nicola Munro as agent said to her principal Kenneth Davies over the telephone in this private, personal and confidential discussion."
Davies passed on information to Parise about his conversation with Munro, which was subsequently passed on to Arseneau, said Nadeau.
Both Davies and Munro testified at trial last September and "in essence this court much prefers the testimony of Nicola Munro...I cannot safely rely upon the memory of Kenneth Davies, even with his notes, since it has obviously faded with the passage of time<" said Nadeau, in his ruling.
"His faulty memory does not provide sufficient reliable proof of slander by Nicola Munro as claimed."
