Bangoura APPEAL

Bangoura APPEAL - DATE 20050916 DOCKET C41379 COURT OF...

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DATE: 20050916 DOCKET: C41379 COURT OF APPEAL FOR ONTARIO McMURTRY C.J.O., ARMSTRONG and LANG JJ.A. On appeal from the order of Justice Romain W. M. Pitt of the Superior Court of Justice dated January 27, 2004 and reported at (2004), 235 D.L.R. (4th) 564. ARMSTRONG J.A.: BACKGROUND [1] The respondent, Cheickh Bangoura, sued the Washington Post and three of its reporters in respect of two newspaper articles, which he alleges are defamatory. When the articles were published in January 1997, Mr. Bangoura was employed by the United Nations in Nairobi, Kenya. The articles related to Mr. Bangoura’s conduct in a prior posting with the United Nations in the Ivory Coast. At the time of publication of the articles, there were only seven subscribers to the Washington Post in Ontario. At that time, Mr. Bangoura was not an Ontario resident. When the action was commenced, more than six years after the publication of the articles, Mr. Bangoura was a resident of Ontario. The issue before us is whether the Ontario courts should assume jurisdiction in this case. [2] Counsel for the Washington Post and its reporters brought a motion to stay the action on the ground that there is no real and substantial connection between this action and Ontario or between the Washington Post and Ontario. They also submitted that Ontario is not the most convenient forum and that the service of the statement of claim ex juris should be set aside. [3] In dismissing the motion, Pitt J. of the Superior Court of Justice held that it was appropriate for the Ontario courts to assume jurisdiction, that Ontario was the most convenient forum and that the service ex juris of the statement of claim was proper. The Washington Post and its reporters now appeal the order of the motion judge. THE FACTS B E T W E E N : CHEICKH BANGOURA Plaintiff (Respondent) Paul B. Schabas and Ryder L. Gilliland, for the appellants - and - THE WASHINGTON POST, WILLIAM BRANIGIN, JAMES RUPERT, STEVEN BUCKLEY, UNITED NATIONS and FRED ECKHARD Defendants (Appellants) Kikélola Roach, Jackie Esmonde and Selwyn A. Pieters for the respondent Brian MacLeod Rogers and Melissa Kluger for the intervenor Media Coalition Heard: March 8, 2005
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[4] Mr. Bangoura was born and raised in Guinea. He was a student in Germany between 1978 and 1986. Between 1987 and 1993, he was employed by the United Nations in Austria. In September 1993, he was seconded to the United Nations Drug Control Program in the Ivory Coast as assistant regional director for West Africa, where he remained until December of 1994. He was then transferred to the United Nations Drug Control Program in Kenya under a contract that was to expire at the end of January 1997. In Kenya, Mr. Bangoura was assistant regional director of the UN Drug Control Program’s regional office for Eastern and
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This note was uploaded on 03/08/2011 for the course MOS 276 taught by Professor King during the Spring '11 term at UWO.

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Bangoura APPEAL - DATE 20050916 DOCKET C41379 COURT OF...

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