Erin Farrell

The defendants were successful in defending a defamation action brought by the plaintiffs regarding a scientific controversy.

The defendants sought costs of over $2.2 million, while the plaintiffs proposed approximately $236,000.

The court noted the defendants presented a comprehensive and formidable defence, whereas the plaintiffs' case was not robust and relied on a failed strategy.

Applying the principles for fixing costs, the court balanced the need to indemnify the successful, blameless defendants against the risk of deterring future litigants.

The court fixed the defendants' costs at $1,478,766.64, inclusive of fees, disbursements, and HST.

The plaintiffs, a genetic testing company and its director, sued the defendants for defamation over a magazine article criticizing their non-invasive prenatal paternity test.

The article alleged the test was dangerous, unreliable, and prone to error.

The court found the article was defamatory but dismissed the action, holding that the defendants successfully established the defences of justification, qualified privilege, fair comment, and responsible communication.

The court found the plaintiffs failed to properly validate their test according to accepted scientific methodology, rendering the test unreliable and the article's claims substantially true.

In a defamation action concerning an article criticizing the plaintiffs' prenatal paternity test, the defendants brought a motion to amend their Statement of Defence after the close of evidence at trial.

The plaintiffs opposed the motion, arguing that the amendment introduced new allegations regarding the validity of the underlying science, which would cause non-compensable prejudice.

The court reviewed the existing pleadings and expert reports, concluding that the validity of the science was already a live issue and the amendment merely clarified existing allegations.

The court granted the motion to amend, finding no prejudice to the plaintiffs.