Jason Cherniak

The plaintiff, a municipal councillor, brought two defamation actions against several defendants regarding statements made on social media and at a town council meeting.

The defendants moved to dismiss the actions under the anti-SLAPP provisions of the Courts of Justice Act (s. 137.1).

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

The plaintiff failed to satisfy the merits-based hurdle, as the defendants had valid defences of justification, fair comment, and qualified privilege.

Furthermore, the plaintiff failed the public interest hurdle, as she could not demonstrate that the harm she suffered outweighed the public interest in protecting the defendants' expressions.

Both actions were dismissed.

The plaintiff entered into an agreement to purchase a newly built home from the defendant.

After discovering the home would not have a garage door access as expected, the plaintiff sent an angry email threatening litigation.

The defendant treated this as an anticipatory breach, refused to close the transaction, and sold the property to a related charity.

The court found that the plaintiff's email was an idle threat and did not amount to repudiation or a breach of the duty of good faith.

The defendant's refusal to close constituted a repudiation of the contract.

The plaintiff was awarded damages assessed as of the date of breach.