Denis Grigoras

The defendants brought a motion under section 137.1 of the Courts of Justice Act to dismiss the plaintiff's action for defamation and intentional interference with economic relations.

The action arose from tweets and newspaper comments made by the defendants criticizing the plaintiff nursing home's COVID-19 policies and care of a resident.

The court found the expression related to a matter of public interest.

The plaintiff failed to demonstrate that its claim had substantial merit and that the defendants had no valid defences.

Furthermore, the court held that the public interest in protecting the defendants' expression substantially outweighed any minimal harm suffered by the plaintiff.

The motion was granted and the action was dismissed.

The appellant, Timothy Rodger, appealed an order dismissing his action for delay under Rule 24.01 of the Rules of Civil Procedure.

The action, a negligence claim against London Hydro Inc., had seen no steps taken for over four years after examinations for discovery.

The motion judge dismissed the action, citing the passage of over five years since commencement, the lack of an affidavit explaining the delay, and the presumption of prejudice.

The Court of Appeal upheld the motion judge's decision, finding no error in the exercise of discretion to dismiss the action and deny a further adjournment.

The appeal was dismissed with costs awarded to the respondent.