Can a motion judge interfere with the analysis and conclusion of a judge's assessment of the nature of the expression?

Ontario, Canada


The following excerpt is from Raymond J. Pilon Enterprises Ltd. v. Village Media Inc., 2019 ONCA 981 (CanLII):

We see no basis on which to interfere with the motion judge’s analysis and conclusion on this point. The appellant has not identified any extricable error of law or palpable and overriding error in the motion judge’s assessment of the nature of the expression. The appellant simply quarrels with the motion judge’s application of the factors involved in a Grant v. Torstar Corp. analysis: 2009 SCC 61, [2009] 3 S.C.R. 640. That is not a sufficient basis to attract appellate intervention.

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