The defendants, including CTV and several journalists, brought a motion under section 137.1 of the Courts of Justice Act to dismiss the plaintiff's defamation action arising from a W5 investigative report on dog sledding operations.
The court granted the motion, finding that the expression related to a matter of public interest.
The plaintiff failed to establish that its defamation claim had substantial merit, as the impugned broadcasts did not identify the plaintiff or lacked essential elements of defamation.
Furthermore, the plaintiff could not show that the defendants lacked valid defences of justification, fair comment, and responsible communication, nor that the harm suffered outweighed the public interest in protecting the expression.
