Christine L. Lonsdale

The Canadian Union of Postal Workers (CUPW) sued Quebecor Media Inc., Sun Media Corporation, TVA Group Inc., Jerry Agar, and Avi Benlolo for defamation.

The claim arose from statements published in print and broadcast media in 2014, alleging that CUPW and its members were terrorist sympathizers and supported Hamas, following a demonstration where CUPW flags were seen near a Hamas flag.

The court addressed CUPW's standing as an unincorporated association to sue for defamation, finding it had standing.

The court then examined the defamatory meaning of the impugned statements and the defendants' defences of truth, fair comment, responsible communication, and statutory privilege.

The court found that the defendants successfully established the defence of fair comment, as their opinions were honestly held and based on a sufficient factual substratum, and also discharged their duty of responsible communication and statutory privilege.

The action was dismissed with costs.

The appellant contested the denial of statutory accident benefits following a 2010 automobile accident, bringing simultaneous proceedings before the Divisional Court by way of statutory appeal on questions of law and judicial review on questions of fact and mixed fact and law.

The courts below held that, where there is a limited statutory right of appeal, judicial review should only be exercised in exceptional or rare cases.

The Supreme Court of Canada held this was an error: a circumscribed statutory right of appeal on questions of law does not restrict the availability of judicial review on questions of fact or mixed fact and law, and the Strickland framework does not support imposing a heightened threshold for judicial review in such circumstances.

The Court further found that the LAT adjudicator's reconsideration decision was unreasonable because he failed to consider the effect of the reinstatement of income replacement benefits on the validity of the initial denial and failed to have regard to relevant tribunal jurisprudence on the point.

The appeal was allowed and the matter remitted to the LAT adjudicator for reconsideration.

The plaintiff, Tyler Dufault, moved for court approval of a class action settlement against The Toronto-Dominion Bank and The Canada Trust Company concerning the practice of charging multiple non-sufficient funds (NSF) fees on re-presented pre-authorized debits.

The proposed settlement included an all-inclusive payment of $15.9 million, direct distribution of funds to eligible class members, and non-monetary changes to the defendants' NSF fee disclosure and reversal policies.

The court approved the settlement, finding it fair, reasonable, and in the best interests of the class, noting the high take-up rate due to direct distribution and the significant non-monetary benefits.

The court also approved class counsel's fees and disbursements, third-party funder fees, and a $10,000 honorarium for the representative plaintiff.

The defendant brought a motion for summary judgment to dismiss the defamation action against him.

The plaintiff opposed the motion, arguing that partial summary judgment was inappropriate because the issues were intertwined with claims against other defendants and a trial was already scheduled.

The court dismissed the motion, finding that partial summary judgment could lead to inconsistent findings and would not achieve a proportionate, cost-effective, and timely dispute resolution given the upcoming trial.

The appellant, Glassdoor Inc., appealed a motion judge's order denying its anti-SLAPP motion under s. 137.1 of the Courts of Justice Act to dismiss a defamation action.

The action stemmed from an anonymous critical employee review posted on Glassdoor's website about the respondent, Echelon Environmental Inc. The appellant argued the review related to a matter of public interest.

The Court of Appeal upheld the motion judge's finding that the review, concerning private complaints about a company providing specialized services to a small number of customers, did not relate to a matter of public interest.

The appeal was dismissed, and leave to appeal the costs order was also dismissed.

The Toronto-Dominion Bank sought summary judgment to dismiss a proposed class action alleging that it improperly charged a second Non-Sufficient Funds (NSF) fee for a single rejected payment that was subsequently re-presented by a third-party payee (PayPal).

The plaintiff argued that the bank's standard consumer banking agreement did not disclose this second fee, constituting a breach of contract, a contravention of consumer protection law, and unjust enrichment.

The court found that the NSF provision in the agreement unambiguously applied only to payments initiated by the customer, not to re-presentments by third parties.

The bank's argument that federal "Network Rules" mandated the second fee or informed the agreement's interpretation was rejected, as these rules were not known to consumers and did not address NSF fees.

Consequently, the bank's motion for summary judgment was dismissed, allowing the class action to proceed to certification.

The defendants brought a motion to determine the sequencing of their proposed summary judgment motion and the plaintiff's certification motion in a class action.

The core dispute revolved around the interpretation of s. 4.1 of the Class Proceedings Act, 1992, which governs pre-certification motions.

The court followed the precedent set in Dufault v. Toronto Dominion Bank, affirming a presumptive right for preliminary motions that can dispose of or narrow issues to be heard before certification.

The court found that the defendants' proposed summary judgment motion raised genuinely arguable issues concerning limitation periods and the legality of their "negative vacation bank" policy under the Employment Standards Act, 2000, which could narrow the litigation.

Consequently, the court ordered the summary judgment motion to proceed prior to the certification motion.

John Doe brought a motion to extend the time to serve and file a Notice of Appeal from a lower court order that denied his standing to appear as an anonymous party and make submissions on an Anti-SLAPP motion.

The Court of Appeal dismissed the motion, finding that Doe did not form a bona fide intention to appeal within the relevant period, his delay was a result of a failed litigation strategy, and granting the extension would cause significant prejudice to the responding parties.

The court also found the proposed appeal lacked merit, rejecting the novel argument that Anti-SLAPP provisions protect anonymity in litigation.

The plaintiffs sued the defendants for defamation over anonymous reviews posted by a former employee on Glassdoor's website.

Glassdoor brought a motion to dismiss the action under section 137.1 of the Courts of Justice Act, arguing the reviews were expressions on a matter of public interest.

The court dismissed the motion, finding that the reviews regarding workplace conditions, salaries, and management style constituted a private grievance between a former employee and employer, rather than a matter of public interest.

This appeal concerned proposed class actions against auto insurers for improperly deducting HST from statutory accident benefits (SABs) and against the Financial Services Commission of Ontario (FSCO) for alleged regulatory failures.

The motion judge had dismissed claims against insurers due to the exclusive jurisdiction of the Licence Appeal Tribunal (LAT) under s. 280 of the Insurance Act, but allowed claims against FSCO to proceed.

The Court of Appeal upheld this decision, confirming the LAT's exclusive jurisdiction over SAB disputes and affirming the court's jurisdiction over tort claims against the regulator.

The court also refused leave to appeal the motion judge's costs order, finding it within his discretion.

This is a costs endorsement following a successful appeal by Subway against the Canadian Broadcasting Corporation (CBC) in an anti-SLAPP motion.

Subway sought partial indemnity costs of $61,291.30.

CBC requested reconsideration of the costs award based on Supreme Court of Canada anti-SLAPP decisions (Pointes and Bent) or a reduction to $17,000.

The Court of Appeal upheld its decision to award partial indemnity costs, distinguishing the case from Bent due to the availability of substantial judicial guidance on s. 137.1 of the Courts of Justice Act prior to CBC's motion, and the significant costs incurred by Subway.

The court awarded Subway $40,000 in partial indemnity costs.

The appellants, Subway, appealed the dismissal of their $210 million defamation action against the Canadian Broadcasting Corporation (CBC) under an anti-Strategic Litigation Against Public Participation (SLAPP) motion (s. 137.1 of the Courts of Justice Act).

The action arose from a CBC Marketplace report alleging Subway's chicken products contained only 50% chicken DNA.

The Court of Appeal found that the motion judge erred in applying a higher standard for the "no valid defence" test and in weighing the public interest.

The Court determined that Subway had established grounds to believe CBC had no valid defence of responsible communication and that the public interest in allowing the action to proceed outweighed the public interest in protecting the expression, given the significant reputational and financial harm alleged and the lack of urgency in disseminating unverified information.

The appeal was allowed, and the defamation action against CBC was permitted to continue.

The Ontario College of Teachers brought a motion to quash an appeal by Ahmed Bouragba, arguing that the underlying order of O’Brien J. was interlocutory and thus appealable only to the Divisional Court with leave.

Bouragba simultaneously sought a stay of O’Brien J.'s order pending his appeal.

The Court of Appeal determined that O’Brien J.'s order was merely a scheduling order, which is interlocutory, and therefore the Court of Appeal lacked jurisdiction to hear the appeal.

Consequently, both Bouragba's appeal and his motion for a stay were quashed.

The appellant, a former member of the Ontario College of Teachers' Council, appealed a motion judge's decision dismissing his anti-SLAPP motion under section 137.1 of the Courts of Justice Act.

The motion judge found that the appellant's communications to College members, the Attorney General, and the Minister of Education did not relate to matters of public interest and were merely private grievances.

The Court of Appeal found the motion judge committed a palpable and overriding error by failing to properly apply the objective test for public interest, impermissibly considering the appellant's motive at the first threshold step, and providing inadequate reasons that failed to engage with the appellant's arguments.

The appeal was allowed and the matter was remitted for rehearing before a different judge.

The plaintiff brought a motion to certify a class action and approve a $2.25 million settlement regarding the defendants' systemic collection of credit scores during the automobile insurance claims adjusting process, which the Privacy Commissioner found breached PIPEDA.

The court certified the action for settlement purposes, finding the settlement fair, reasonable, and in the best interests of the class.

The court also approved a 60-day opt-out period, a cy-près distribution to the Public Interest Advocacy Centre, the notice plan, a $15,000 honorarium for the representative plaintiff, and class counsel fees of $500,000 plus disbursements.

The Plaintiffs (Subway) sought a sealing order for 10 documents in a defamation action, comprising six financial documents and four private contracts.

The Canadian Broadcasting Corporation (CBC) opposed the motion, citing the open courts principle.

The court applied the Sierra Club test, requiring a serious risk to an important interest and a balancing of salutary and deleterious effects.

The court found that the financial documents met the test due to detailed, commercially sensitive sales data that could provide competitors with an unearned advantage, and ordered them sealed.

However, the four private agreements (supplier and internal corporate structure agreements) were not sealed, as the potential harm from their disclosure was deemed speculative and did not outweigh the public interest in open courts.

No costs were awarded due to the mixed success and public interest nature of the opposition.

This endorsement from a case conference addresses scheduling issues in a complex action, particularly concerning examinations for discovery and contemplated motions.

Due to a change in counsel for the main defendant, CBC, discoveries were adjourned.

CBC's new counsel seeks further disclosure, which the plaintiffs state is largely held by a third-party contractor.

The court suggests scheduling a "double motion" for production if necessary.

Additionally, the court emphasizes the need for CBC to promptly decide and bring any contemplated anti-SLAPP motion under section 137.1 of the Courts of Justice Act, citing Court of Appeal guidance that such motions should be brought at an early stage.

The court defers rescheduling discoveries until these motions are resolved.

This endorsement concerns the costs of a motion where the Plaintiff, The Ontario College of Teachers, was entirely successful.

The Defendant, Ahmed Bouragba, who was self-represented, made no relevant submissions regarding costs.

The court reviewed the Plaintiff's detailed submissions, found them reasonable, and awarded costs of $10,000 to the Plaintiff, to be paid by the Defendant.

The plaintiff brought a proposed class action against the former and current trustees of the Nortel Health and Welfare Trust, alleging fraud and constructive fraud in the administration of the trust.

The defendants moved to strike the claim under Rule 21, arguing that the claims were barred by a release granted in Nortel's CCAA proceedings and were statute-barred under the Limitations Act, 2002.

The court held that the CCAA release barred the constructive fraud claims, and that the plaintiff failed to plead a tenable claim for common law fraud.

Furthermore, the court found that the claims were discovered outside the two-year limitation period.

The action was dismissed.

The respondents brought a motion to transfer the hearing of an application regarding a road access dispute from Toronto to Parry Sound.

The applicants, who reside in British Columbia, commenced the application in Toronto.

The court considered the factors under Rule 13.1.02(2)(b) of the Rules of Civil Procedure.

While the events occurred in Parry Sound and the subject property is located there, the court found that transferring the matter would not be desirable in the interests of justice, primarily because an expeditious hearing date had already been set in Toronto and it was unclear if a timely hearing could be accommodated in Parry Sound.

The motion was dismissed.