James SM Kitchen

The defendant brought a motion for summary judgment to dismiss a wrongful dismissal action on the grounds that it was statute-barred under the Limitations Act, 2002.

The plaintiff was terminated on January 4, 2022, for non-compliance with vaccination policies.

He initially pursued proceedings in Federal Court, which were unsuccessful.

The plaintiff did not commence the present action until August 26, 2024.

The court found that the plaintiff knew or ought to have known all material facts necessary to discover his claim on the date of termination, and that the two-year limitation period expired on January 4, 2024.

The plaintiff's misunderstanding of the legal significance of the facts and his belief that the federal government was responsible did not suspend the running of the limitation period.

The motion was granted and the action was dismissed as statute-barred.

The court considered written submissions on costs following the plaintiffs' success in two related defamation actions against the defendant, Brian Webster.

The plaintiffs were awarded substantial indemnity costs due to the egregious nature of the defendant's conduct and the failure to accept reasonable offers to settle.

The court found the plaintiffs' costs reasonable and rejected the defendant's arguments for lower costs, emphasizing the importance and complexity of the proceedings and the impact on the drag community.

The court considered written submissions on costs following the plaintiffs' success in two related defamation actions against the defendant.

The plaintiffs were awarded substantial indemnity costs in both actions, reflecting the court's view of the defendant's egregious conduct and the importance of deterrence.

The court rejected the defendant's arguments for lower costs and found the plaintiffs' bills of costs reasonable, noting the complexity and significance of the proceedings, including the involvement of expert witnesses and an intervenor.

The court granted summary judgment in two related libel actions brought by Felicia Crichton, John-Marcel Forget, Rainbow Alliance Dryden, and Caitlin Hartlen against Brian Webster.

The plaintiffs alleged that Webster's social media posts falsely labelled them as "groomers" and pedophiles, causing reputational harm and distress.

The court found the posts were defamatory, identified the plaintiffs, and were published to third parties.

Webster's defences, including fair comment, were rejected.

The court awarded each plaintiff $75,000 in general damages and $20,000 in aggravated damages, finding Webster's conduct was malicious and constituted hate speech.

The court granted summary judgment in two related libel actions brought by Rainbow Alliance Dryden, Caitlin Hartlen, Felicia Crichton, and John-Marcel Forget against Brian Webster.

The plaintiffs alleged that Mr. Webster published defamatory posts on Facebook, falsely associating them with grooming and sexual predation of children.

The court found the posts were defamatory, identified the plaintiffs, and were published to third parties.

The court rejected Mr. Webster’s defences, including fair comment, and found he acted with malice.

General and aggravated damages were awarded to each plaintiff.

A 17-year-old student, Josh Alexander, sought to appeal suspension and exclusion decisions by his school principal to the Renfrew County Catholic District School Board.

The Education Act requires a parent or guardian to appeal for a student of his age unless the student has withdrawn from parental control.

Josh asserted he had withdrawn from parental control, a position supported by his parents, but the School Board refused him standing, citing insufficient objective evidence.

The court found that Josh Alexander had indeed withdrawn from parental control as of December 22, 2022, and therefore had the necessary standing to advance his appeals to the School Board.

The decision clarified that financial independence is not a prerequisite for withdrawal from parental control, especially when parents voluntarily continue to support their independent adult children.