B. Noorduyn

The defendants brought an anti-SLAPP motion to dismiss the plaintiff's defamation action arising from statements made during a local union election.

The court found that the election of an official to a local union is a private matter and not a matter of public interest under s. 137.1 of the Courts of Justice Act.

The court also noted that the statements, which included allegations of criminal conduct and vulgar language, were not the type of expression worthy of protection.

The motion was dismissed.

The appellant appealed a Small Claims Court order staying his defamation action regarding statements made by the respondents on WhatsApp and posters during a union election.

The Deputy Judge had stayed the action on the basis that the appellant failed to give notice under the Libel and Slander Act, finding that WhatsApp messages constituted a 'broadcast'.

The Divisional Court allowed the appeal, holding that the Deputy Judge erred by concluding WhatsApp was a broadcast without a sufficient evidentiary record, and by failing to address the poster statements.

The court upheld the Deputy Judge's finding that the union constitution did not mandate arbitration for this dispute.