Joel Bakan

This is a costs endorsement following the dismissal of the respondents' motion to strike the applicants' amended notice of application.

The applicants sought substantial indemnity costs, but the court awarded partial indemnity costs, significantly reducing the amount claimed.

The court found the applicants' costs disproportionate, particularly regarding fees for amending their own deficient pleading, senior counsel rates for drafting, and unnecessary travel/disbursements for a virtual hearing.

The court emphasized that while the applicants won the underlying motion, their approach to costs was unreasonable.

The applicants sought an order requiring the federal government to regulate Twitter to prevent it from refusing to sell them 'promoted tweets' for their political documentary film.

The Attorney General moved to dismiss the application for failing to state a reasonable cause of action.

The court applied the Supreme Court of Canada's test for positive rights under section 2(b) of the Charter, finding that the applicants were not effectively precluded from meaningful expression, as they could still use regular tweets and other advertising mediums.

The court also held that the relief sought was not justiciable, as it would require the court to set legislative priorities.

The motion was granted and the application was dismissed.

The respondents, Twitter, brought a motion to strike the applicants' notice of application under Rule 21.01(1)(b) for disclosing no reasonable cause of action.

The applicants alleged breach of contract after Twitter refused to sell them advertising space, arguing the refusal violated the duty of good faith, was unconscionable, and breached public policy informed by Charter values of freedom of expression.

The court dismissed the motion, finding that the applicants pleaded sufficient facts to state causes of action and that it was not plain and obvious the claims would fail.