On a summary judgment motion arising from a large-scale online defamation campaign, the court held that the moving parties established on a balance of probabilities that the responding party authored the impugned internet postings.
The court applied the defamation test, found the postings defamatory as to each plaintiff, rejected the limitation defence based on discoverability under the Limitations Act, 2002, and found no genuine issue requiring a trial on liability.
The only issue directed to trial was quantum of damages.
Although the court found intentional breaches of the Anton Piller regime and accepted evidentiary spoliation and adverse inferences, the contempt relief was dismissed without prejudice for procedural reasons.
