The appellant, a police officer who pleaded guilty to dangerous driving causing death in a 2008 collision that killed an 18-year-old, posted comments on Facebook in 2015 after completing his sentence.
The respondents, relatives of the deceased, commenced a defamation action.
The appellant brought a motion under s. 137.1 of the Courts of Justice Act to dismiss the action, arguing his posts related to matters of public interest.
The motion judge dismissed the motion, finding the posts did not relate to public interest but rather constituted an attempt to shift blame to the deceased and her family.
The motion judge awarded costs to the respondents despite the statutory presumption against such awards.
The Court of Appeal upheld both the dismissal of the s. 137.1 motion and the costs award.
