TORONTO -- Ontario Premier Kathleen Wynne sued the Opposition leader for defamation Monday, less than six months away from the provincial election.

The legal action stems from comments Progressive Conservative Leader Patrick Brown made in September, a day before Wynne testified as a witness at a trial in Sudbury, Ont., involving two provincial Liberals facing Election Act bribery charges.

Brown told reporters he hoped Wynne would give answers about the scandal "maybe when she stands trial" and went on to describe her as a "sitting premier, sitting in trial."

The Tory leader refused to apologize for the statements both after an initial letter from Wynne's lawyer and following a libel notice in October.

His lawyer has said the statements were not defamatory.

Wynne's spokeswoman said a statement of claim was filed in court Monday to preserve the premier's ability to continue with the legal case.

"We continue to remain hopeful that this issue can be resolved with an apology from Patrick Brown for his defamatory remarks," Jenn Beaudry wrote. "It should be that simple. However, if he continues to refuse to apologize we will have the ability to continue legal action."

Brown has suggested the previous legal threat was an attempt to distract the public from Liberal scandals. He said he would ignore Wynne's attempts "to silence Her Majesty's Loyal Opposition."

The two Liberals on trial in Sudbury were ultimately acquitted.