Ferguson's lawyer Rod Gillis arguing yesterday the case should be thrown out because a pension board is not a person and therefore cannot be harmed by words.
But Justice William Grant ruling that the pension board does have a collective reputation that needs to be defended. Justice Grant also turned aside suggestions the lawsuit should have been filed within 3 months of the alleged defamatory comments.
Ferguson only had brief comments for the media when leaving the courtroom, saying it's for the best that the issue is going to trial.
The board launched a lawsuit against Ferguson in 2007 over his comments about the troubled pension fund and its management.
The case will go before a judge and jury on Monday and is expected to last 6 weeks.
