3 total
Costs denied to successful plaintiff on anti-SLAPP motion due to statutory presumption against costs.
The plaintiff successfully defeated the defendants' anti-SLAPP motion and sought costs on a partial indemnity scale.
The court considered whether to depart from the statutory presumption in section 137.1(8) of the Courts of Justice Act, which provides that a successful responding party is generally not entitled to costs.
Finding that the defendants' motion was not frivolous, ill-conceived, or brought at an unjustifiably late stage in the proceeding, the court declined to exercise its discretion to award costs.
No order as to costs was made.
Anti-SLAPP motion to dismiss defamation action regarding school board's letters about hidden cameras denied.
The plaintiff, a retired music teacher, brought a defamation action against the school board and its superintendent regarding letters sent to parents about hidden cameras discovered in music rooms.
The defendants moved to dismiss the action under the anti-SLAPP provisions of the Courts of Justice Act.
The court found that while the letters related to a matter of public interest, the plaintiff established that the claim had substantial merit, there were grounds to believe no valid defence existed, and the harm suffered outweighed the public interest in protecting the expression.
The motion to dismiss was denied.
The court granted summary judgment on liability against a landlord whose tenant's donkeys escaped onto a highway.
The defendant Redi-Mix brought a summary judgment motion to dismiss the plaintiff Youssef's claim after Youssef was seriously injured when his motorcycle struck a donkey that had escaped from Redi-Mix's rented property.
Youssef cross-sought summary judgment on liability.
The court found that Redi-Mix, as a residential landlord, was negligent in failing to maintain and inspect the fences, as required by the Residential Tenancies Act and its regulations, which allowed the donkeys to escape and cause a public nuisance.
The court dismissed Redi-Mix's motion and granted summary judgment on liability in favour of Youssef against Redi-Mix, reserving damages for trial.
