TORONTO 鈥� An Ontario judge has dismissed a $6-million defamation lawsuit against Toronto Mayor Rob Ford.
Ontario Superior Court Justice John Macdonald ruled Thursday that the plaintiff, restaurant owner George Foulidis, failed to meet the 鈥渆ssential aspects鈥� required for a libel claim.
In the 15-page decision, Macdonald wrote that Foulidis did not prove that the comments in question made by Ford were directed at him or that they were defamatory.
鈥淗is action fails on this basis and must therefore be dismissed,鈥� wrote the judge.
In a statement, the mayor says the court鈥檚 decision is 鈥渨elcome.鈥�
Foulidis sued Ford, alleging that the mayor suggested a sole-sourced, untendered, 20-year leasing deal between Foulidis鈥檚 company, Tuggs Inc., that the city was corrupt and that it 鈥渟tinks to high heaven.鈥�
Ford made the comments during a meeting with the Toronto Sun editorial board in the middle of his 2010 mayoral campaign bid.
He told the newspaper that he suspected 鈥渃orruption and skulduggery鈥� in the closed-doors deal, saying: 鈥淭hese in-camera meetings, there鈥檚 more corruption and skulduggery going on in there than I鈥檝e ever seen in my life. And if Tuggs isn鈥檛, then I don鈥檛 know what is.鈥�
Ford testified in court that at the time, he wasn鈥檛 suggesting that the deal was illegal, just that it didn鈥檛 follow the proper tendering process.
鈥淚 can鈥檛 pinpoint it, but even to this day people still say the deal stinks to high heaven. But it鈥檚 hard to pinpoint and prove. But I鈥檓 not the only one saying that,鈥� he told the Sun editorial board at the time.
鈥淚鈥檝e never seen a deal like this and it just didn鈥檛 add up to me. I still feel that way.鈥�
During the trial, Foulidis鈥檚 lawyer told the court that Ford鈥檚 comments were 鈥渙pportunist鈥� at a time where the now-mayor was trying to win votes.
He also argued that Foulidis鈥檚 reputation as a businessman, and the owner of the Boardwalk Pub in the Toronto Beach neighbourhood, was damaged because Ford鈥檚 remarks were made without proof.
In the ruling, Macdonald agreed that Ford made the comments in question, but a reasonable person would not have linked them to Foulidis instead of the company in general.
Ford didn鈥檛 know Foulidis by name, and when questioned by the newspaper about the businessman, he had remarked: 鈥淚 can鈥檛 accuse anyone...鈥�
Lawyer Brian Shiller said in an email that Foulidis is disappointed in the decision and is considering his options.
