The plaintiffs brought an action for defamation and breach of a non-disclosure agreement regarding derogatory internet posts allegedly authored by the defendant under a pseudonym.
The plaintiffs moved for summary judgment.
The court dismissed the motion, finding multiple genuine issues requiring a trial, particularly concerning the identity of the author and the credibility of the parties.
The court declined to use enhanced fact-finding powers, holding that a trial was necessary to fully appreciate the voluminous and conflicting evidence.
Additionally, the court awarded $11,860 in costs to a former defendant against whom the action had been discontinued.