Supreme Court

CASE NO.                                   VOL. NO.  

Cite as: HMC Group Inc. v. Nova Scotia (Attorney General), 2000 NSSC 75

HMC GROUP INC.                                                                   PLAINTIFF

- and -

THE ATTORNEY GENERAL OF NOVA SCOTIA, representing Her Majesty the Queen in the Right of the Province of Nova Scotia, EMERGENCY HEALTH SERVICES AGENCY, and

DR. MICHAEL F. MURPHY                                                                                                                    DEFENDANTS

Justice Walter R. E. Goodfellow       Halifax, Nova Scotia    S.H. No. 140647C

                        L I B R A R Y   H E A D I N G

DATES HEARD:     May 1^st, 2^nd, 3^rd, 4^th, 5^th, 9^th, 10^th and 11^th, 2000

Final written representations received in July, 2000

DECISION:               October 23^rd, 2000

SUBJECT:                DEFAMATION - INJURIOUS FALSEHOOD - ECONOMIC INTERFERENCE - ABUSE OF PUBLIC AUTHORITY

SUMMARY:             ISSUES:-

1.         Are the Defendants liable to HMC on the basis of defamation?

2.         Are the Defendants liable to HMC on the basis of injurious falsehood?

3.         Are the Defendants liable to HMC for interfering with HMC’s contract between it Metro?

4.         Are the Defendants liable to HMC on the basis of abuse of public authority?

5.         Did the Defendants’ actions result in HMC suffering loss of business opportunities?

CONCLUSION:       HMC fell short of establishing an actionable cause against the Defendants.  Counsel entitled to be heard on costs.  Court expressed preliminary view that while the conduct of Defendants fell short of being actionable, it probably justifies a denial of costs following the event and consideration of an award of costs to unsuccessful Plaintiff.  

(Decision - 60 pages)

THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT’S DECISION.  QUOTES MUST BE FROM THE DECISION, NOT THIS COVER SHEET.